{"id":16644,"date":"2016-08-16T12:35:58","date_gmt":"2016-08-16T17:35:58","guid":{"rendered":"https:\/\/www.rsslex.com\/publications\/employees-personal-activities-during-a-disability-leave-beware-of-incompatibilities-and-lack-of-openness\/"},"modified":"2022-03-15T13:51:56","modified_gmt":"2022-03-15T17:51:56","slug":"20160816_employees-personal-activities-during-a-disability-leave-beware-of-incompatibilities-and-lack-of-openness","status":"publish","type":"post","link":"https:\/\/www.staging.rsslex.com\/en\/bulletins-en\/20160816_employees-personal-activities-during-a-disability-leave-beware-of-incompatibilities-and-lack-of-openness\/","title":{"rendered":"Employee\u2019s personal activities during a disability leave: beware of incompatibilities and lack of openness!"},"content":{"rendered":"

Can one be a contestant on La voix<\/i>, Quebec\u2019s version of a popular vocal talent competition TV show featuring amateurs coached by established artists, while being on disability leave and receiving salary insurance indemnities? Such was the question recently raised before a labour arbitrator.<\/p>\n

A leave with incompatible activities<\/h2>\n

A disability leave with compensation is an exceptional benefit open to an employee only if certain strict conditions are met. An employee of CHSLD Bourget, in the eastern part of Montr\u00e9al, recently learned this lesson the hard way.<\/p>\n

The employee, a dietary assistant, goes on leave August 18, 2012, to receive a fertility treatment. Shortly after, on September 6, she is given an invalidity leave “having received a diagnosis of adjustment disorder with depression, personal stress factors, loss of interest and concentration” [par 223; our translation].<\/p>\n

On February 3, 2013, the employer\u2019s manager of disability matters happens to see the employee taking part in the TV show La voix<\/i>.<\/p>\n

The very next day, the employer\u2019s representatives meet with the employee to inquire about her disability. They learn that on September 15, 2012, soon after the beginning of her disability leave, she had auditioned to be selected for the show. In October, she had gone through a one-hour telephone interview. At the end of November, she had attended two consecutive days of rehearsals and recorded audition. In January, 2013, she had taken part in two more days of rehearsals, preparation, coaching and recorded auditions.<\/p>\n

She never mentioned her participation in La voix<\/i> to the employer\u2019s representatives nor to the medical experts retained to examine her. The employer only learned about it when it was aired on February 3. The employer put an end to her disability leave on February 18; however, at that moment, she was put on maternity leave with a preventive withdrawal.<\/p>\n

Considering that her alleged disability was incompatible with her participation in the television programme, the employer asks for the refund disability benefits she received.<\/p>\n

A decision based on a complex analysis<\/h2>\n

The union filed a grievance in response to the employer\u2019s claim for an amount of $12,155.05: this grievance was dismissed, for the most part. The arbitrator held the employee liable for $10,038, the amount of salary insurance benefits that she received between September 15, 2012 and January 26, 2013, being the period of her participation in La voix<\/i>.<\/p>\n

Certain aspects of this case, in which the author represented the employer, should be noted:<\/p>\n