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ARTICLE · 11 JULY 2019

Extended Leave And Vacation Pay: Is Differentiating Between Classes Of Protected Employees Discriminatory?

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Throughout the past years, arbitral case law has been marked by several decisions dealing with allegations of discrimination in contexts of granting or maintaining working conditions with a monetary impact following an extended absence from work.

CanadaEmployment and HR
Valérie Gareau-Dalpé
Valérie Gareau-Dalpé
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Throughout the past years, arbitral case law has been marked by several decisions dealing with allegations of discrimination in contexts of granting or maintaining working conditions with a monetary impact following an extended absence from work. A recent decision reminds employers that distinctions between different classes of protected employees may also be discriminatory.

In Cégep de Trois-Rivières et Syndicat des professionnelles et professionnels du gouvernement du Québec1, the arbitrator concluded that the employer's decision to reduce the vacation credits of an employee absent due to disability amounted to discrimination prohibited under the Québec Charter of Human Right and Freedoms ("Charter") because the employee was not treated the same as other employees on statutory-protected leave.

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