Is forgetfulness a sufficient ground for an employer to require an employee undergo a psychiatric examination to verify her capacity to perform her job duties?
Hôpital Mont-Sinaï v.Fédération interprofessionnelle de la santé du Québec, D.T.E. 2013T-194 (T.A.), February 28, 2013 decision.
The complainant was a full time nurse working at Mount SinaiHospital (hereinafter the « Employer ») for eight (8) years. On August 5, 2009, the Director of Nursing Care announced that she wanted the employee to undergo a medical examination the next day to assess her memory and capacity to carry out her job duties in a satisfactory manner. This request was prompted by three incidents of forgetfulness over more than three years. The Director also raised the possibility that the complainant might be suffering from Alzheimer’s.
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