Quebec cleaner who was fired for refusing to wear mask at work dismissed by courts

A maintenance worker who refused to wear a face mask at work and who lost her job as a result a year ago had her complaint rejected by the court.

The worker, employed by a cleaning service, had gone to the Administrative Labour Tribunal, invoking the Act respecting labour standards. She alleged that she was the victim of a "dismissal without just and sufficient cause" in May 2021 because she refused to wear a mask at work.

However, the court ruled that, in fact, it was a resignation on her part.

"Her refusal to wear the mask, without any medical exemption, despite clear and strict instructions to do so, amounts to a voluntary resignation on her part," the Tribunal ruled.

"It is her own choice, but her refusal to obey and respect the instruction nevertheless obliges the employer to divest itself of her services. This is not a dismissal, but a resignation, and she is not entitled to this remedy," the Tribunal said.

To be able to invoke section 124 of the Act respecting labour standards, which provides a remedy for "dismissal without just and sufficient cause," as she did, the worker had to prove that she had been dismissed.

However, "the initiative of the rupture of the contractual link with the employer belongs entirely to the employee," concluded the Administrative Labour Court, which rejected her complaint.

-- This report was first published by The Canadian Press in French on June 23, 2022.