Demanding employee at long-term care home wear a mask is not harassment: Quebec tribunal

An administrative workplace tribunal judge found that it was not psychological harassment to force an employee working at a long-term care home with active COVID-19 outbreaks to wear a mask. (Ryan Remiorz / The Canadian Press)

A seniors' long-term care home (CHSLD) employee who said she was fired because she claimed psychological harassment lost her case when the evidence showed instead that it was her repeated refusal to wear a mask during outbreaks of COVID at the centre that prompted the employer to terminate her probationary period.

The hygiene and sanitation technician worked with vulnerable, frail elderly people.

However, there were outbreaks of COVID-19 in December 2022 and January 2023 in certain units of the nursing home where she worked.

In support of her complaint alleging psychological harassment, she claimed that the employer had "discouraged" her from wearing a mask, "even though this was not important since residents with cognitive disorders sometimes left their rooms without wearing one," according to her, reports the Tribunal.

She also alleged that her co-workers were giving her a hard time and trying to catch her out.

In his decision, Administrative Judge François Demers emphasized that it was decisive that the employee admitted to having "quite often" had "issues" with wearing the protective mask.

She maintained that it prevented her from breathing normally.

Co-workers, including the assistant head nurse, repeatedly reminded her that she had to wear her mask properly, especially since there were outbreaks of COVID, but she would reply "I'm not sick," "I'm hot" or "I've forgotten," the Tribunal reported.

In the end, the Tribunal ruled that "the reason given by the employer for terminating the probationary period is serious."

The employee only worked there for nine weeks.

"The employer therefore convinced the tribunal that the claim of a work environment free of psychological harassment played no role in the decision to dismiss" the employee.

The employee's complaint, alleging that she was dismissed because she had demanded a work environment free of psychological harassment, was therefore dismissed.

This report by The Canadian Press was first published in French on Dec. 10, 2024.