“No return to work in the foreseeable future: an undue hardship for employers”
Ariane Villemaire and Céleste Brouillard-Ross of Lavery Lawyers in Quebec bring out attention to an employer-positive decision coming out of Quebec (Ville de Forestville c. Tribunal administratif du travail, 2017 QCCS 3999) on the issue of what constitutes “undue hardship … justifying a non-discriminatory administrative dismissal, where there is no evidence that the employee will be able to return to work in the foreseeable future”. They quote a translation of the decision [para 35 and 40]:
“with respect to the right to administratively dismiss the complainant due to a prolonged absence, the case law requires evidence of an inability to perform one’s work in the near or foreseeable future”.
The full article can be read here.