Introduction: Importance of the Labour standards Commission of Quebec.
Have you ever faced a situation where your rights as a worker were not respected? Whether it’s an employer who is not fulfilling their legal obligations or a prohibited practice in your workplace, it is sometimes difficult to know how to react. You’re not alone. Here is a practical guide to filing a complaint with the Commission des normes, de l’équité, de la santé et sécurité au travail (“Labour standards Commission of Quebec” or “CNESST”). This is a free process for the employee to enforce his or her rights within the meaning of the Act respecting labour standards (ALS),[1] typically after meeting with the employer and when the employer refuses to correct the situation.
There are several reasons why you might file a complaint with the Labour standards Commission of Quebec. For example, this can include situations of psychological harassment, dismissal without legitimate reason or non-payment of your salary. Note that some complaints must be filed within 45 days of the date of the event, while others can be filed up to 2 years later. Thus, acting quickly can be decisive.
[1] Act respecting labour standards, chapter N-1.1, https://www.legisquebec.gouv.qc.ca/fr/document/lc/N-1.1
When to file a complaint: Situations that warrant a complaint.
The CNESST complaint process is free of charge for the employee, but before you even begin the complaint process, you must confirm several elements.
First, you must confirm that you are in a situation which warrants filing a complaint, such as:
- Your employer does not pay you your salary ;
- Your employer makes a distinction or disparity of treatment based solely on the date of hiring, with respect to working conditions or pension and benefit plans for employees performing the same duties in the same establishment;
- You have been dismissed without a valid reason ;
- You have experienced psychological or sexual harassment in your workplace and your employer refuses or neglects to resolve it promptly;
- Your employer fires you or imposes sanctions for a reason prohibited by the ALS (for example, because you are pregnant or have exercised your labor rights).
Second, you need to check to see if you are a member of a union or subject to a collective agreement. If so, you will normally have to file a grievance to resolve your dispute, unless your recourse is a difference in treatment or a wage claim, in which case you can file a complaint with the CNESST instead of the grievance. If you decide to file a complaint rather than a grievance, you will have to demonstrate to the CNESST that you have not filed a grievance or that you have withdrawn it before a final decision is rendered.
Third, you’ll want to collect essential facts and documents demonstrating the existence of your situation and verify your employer’s internal or management policies for any remedies. You will be asked for these facts and documents when you file your complaint with the CNESST. It would even be ideal to prepare them in advance while your memory of events is fresh and you have access to all the relevant documents. In addition, they will be of great help to you in the subsequent steps, such as meeting with your employer and assessing whether to file a complaint.
Fourth, you should normally try to meet with your employer and ask them to resolve the situation. If an informal resolution with your employer is not possible or is impractical in the circumstances (for example, if you are a victim of psychological or sexual harassment by your employer), see the next section on how to file a complaint.
Finally, you can assess whether to file a complaint using the CNESST’s assistance tool: https://servicesenligne.cnesst.gouv.qc.ca/plainteCNESST.
Filing process: Steps to file a complaint.
If you still think that filing a complaint with the Labour standards Commission of Quebec is the appropriate solution for your problem, you can use the online form available on the CNESST website: https://www.services.cnt.gouv.qc.ca/smartlets/depotdeplainteenligne.jsp.
To file a complaint, it is necessary to answer several questions. These are intended to better understand your situation. You will be asked to indicate in particular:
- your employment status;
- if you are a member of a trade union;
- or if you are represented by a joint committee.
This will first tell you if your complaint is eligible, and then it will refer you to the specific area in which you should file your formal complaint. To better understand the structure and functioning of the CNESST, please refer to our article What is the CNESST?
Required Documents: List of required documents.
This guided process will ask you a series of questions to clarify your situation and the nature of your complaint. During this step, you will have the opportunity to describe your situation in detail, in your own words. Be as specific and concise as possible in your explanation.
Depending on the nature of your complaint and the specific circumstances, you may be asked to upload supporting documents directly through the online form. These documents may include, but are not limited to: your pay stubs; your work schedules; or your employment or tax record.
Make sure you have these documents handy before you begin the complaint process.
Complaint Follow-up: What happens after the complaint is filed.
Once your complaint has been officially filed with the Labour standards Commission of Quebec, an investigation process will be initiated. In order to verify the merits of your complaint, CNESST representatives may ask you to provide other documents or information that may be relevant. It is important to cooperate with CNESST representatives to smoothly advance your case.
During this investigation, the Labour standards Commission of Quebec assesses the admissibility of the complaint. This analysis focuses on several criteria, including: compliance with the legal deadlines for filing the complaint, the compliance of the reason for the complaint with the provisions of the Act respecting labour standards, or the absence of a collective agreement that could take precedence in the resolution of the dispute.
The Labour standards Commission of Quebec will then decide whether or not to follow up on the complaint. If it rejects your complaint, the Labour standards Commission of Quebec will present you with its reasons for refusal and you will have 30 days to contest their decision. The Labour standards Commission of Quebec will also have 30 days to respond to your appeal.
Conflict Resolution: Mediation
If the CNESST is of the opinion that your complaint is admissible, it will first try to resolve the situation amicably by contacting you and your employer to assess the opportunity and receive consent to mediation. If this attempt is unsuccessful, the case is then transferred to the legal affairs of the CNESST, which will ensure that you are represented at the Administrative Labour Tribunal (TAT), free of charge. Of course, should the situation be resolved before the hearing date set by the court, the CNESST will withdraw from the intervention.
While free representation by the CNESST can be of great help to you, remember that it is the CNESST that decides whether and how it agrees to represent you. If the CNESST dismisses your complaint or if you are dissatisfied with its handling of your complaint, you may want to consult a private lawyer to contest the CNESST’s decision or to take over the management of your file. Note that if you consult a private lawyer, you will have to pay for it out of your own pocket.
Conclusion: Summary and encouragement to assert one’s rights.
Do you have a persistent problem or difficulty to solve at work? Do you feel overwhelmed, stressed and worried about your labor conditions? Do you think that your labour rights are not respected? Filing a complaint with the Labour standards Commission of Quebec is a free and accessible recourse that you can use. However, this is not always the appropriate remedy in all circumstances. There are several steps and alternative solutions to consider before filing a complaint with the CNESST, and the complaint process can be complex and tedious at times.
Your well-being is important. If after reading this article, you are still confused or overwhelmed by the complexity of your situation or the complaint process, know that you can count on the support of our employment lawyers.
Our lawyers will be happy to listen to you, advise you on your remedies and support you in resolving your situation, including assisting you in filing a complaint with the Labour standards Commission of Quebec or contesting a decision of the Labour standards Commission of Quebec.
For this or any other case, question or problem in labour law, we invite you to make an appointment with one of our labour lawyers.
Don’t delay, because deadlines run quickly in labor law: depending on your situation, you can have as little as 45 days to act!
[1] Act respecting labour standards, chapter N-1.1, https://www.legisquebec.gouv.qc.ca/fr/document/lc/N-1.1
