La cause juste et suffisante de congédiement en droit québécois lors d’une absence du travail pour raison de santé
Absenteeism at work due to health represents an important stake in today's society since it is constantly increasing. It creates several negative consequences for Quebec Enterprises. We are interested in work absenteeism due to health, from a legal perspective. The purpose of our research consist in identifying, from a sample of seventy-seven judicial decisions, faulty or not faulty circumstances which constitute a fair and sufficient reason for dismissal in cases of absence from  work due to health.   As for faulty instances, our results show that to occupy a second job during an absence from work, to carry out incompatible activities with against health limitations, making false statements, falsifying  medical documents, failing to notify an absence from work without authorization or in the presence of a collective labour agreement, to refuse to return to work following a directive from the employer or to provide the necessary medical information do not constitute irrefutably a fair and sufficient reason for dismissal.   For not faulty incidents, our analysis shows that the incidents related to assiduity at work with or without a collective labour agreement, instances related to the ability to return to work with or without psychological and physical limitations and by taking into account the risk for one’s health and safety, or the risk for others are not at any rate a fair and sufficient reason for dismissal.   It seems, in the decisions analyzed according to the criteria Wohl c. Joly, that the employer must prove the three elements that constitute a fair and sufficient reason for dismissal.
Fair and sufficient Dismissal Work absenteeism Faulty instances Not faulty instances