The employee was dismissed after failing to report to work because he was incarcerated for a criminal offence unrelated to his employment.
He filed a human rights complaint alleging discrimination based on his criminal record under s. 18.2 of the Quebec Charter.
The Supreme Court of Canada held that s. 18.2 protects against unjustified social stigma arising from a prior conviction, but does not protect an employee from the civil consequences of a lawfully imposed sentence, such as unavailability for work due to incarceration.
The appeal was dismissed.
