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ARTICLE · 04 MAY 2012

Fatigue Is Not A Disease, Says Arbitrator

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A recent Quebec decision has confirmed that fatigue was not considered a disease for the purposes of an employee's entitlement to disabilty benefits, under a collective agreement.

CanadaEmployment and HR
Charles Gauthier (Student-At-Law)
Charles Gauthier (Student-At-Law)
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Edited by Jennifer M. Fantini Naomi E. Calla.

A recent Quebec decision has confirmed that fatigue was not considered a disease for the purposes of an employee's entitlement to disabilty benefits, under a collective agreement.

FACTS

The Plaintiff, a unionized administrative assistant, contested the employer's refusal to recognize that she was disabled within the meaning of the collective agreement, for the period ranging from August 18th, 2010 to January 17th, 2011 and the non-payment of disability benefits for that period.

On February 25th, 2010, the plaintiff went off work due to multiple surgeries that took place during the months of February and May of the same year. In July, she received a medical note from her doctor extending her leave until the end of August as a result of post-operation fatigue.

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