The Supreme Court of Canada in Dionne v. Commission scolaire des Patriotes, [2014] SCC 33 (CanLII) recently upheld an appeal from the Quebec Court of Appeal regarding the withdrawal from duties of a pregnant occasional teacher concerned about contracting 5th disease.
This case arose from a pregnant supply teacher withdrawing from the workplace because of risks associated with 5th disease. Pursuant to Quebec's occupational health and safety legislation, a pregnant worker can refuse to perform her duties if there is a safety risk to her or her fetus. Upon withdrawal, the employee is entitled to be reassigned, and if the employer is not capable of reassignment, the employee is entitled to access a fund that provides...
