If you are facing an employment dispute in Quebec, there are several legal avenues available depending on the nature of the conflict. Below is an enumerated list of options to help you determine the appropriate course of action.
Employment Dispute – Where to Go in Quebec?
- Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST)
• Handles complaints related to labor standards, workplace harassment, unjust dismissal, and occupational health and safety.
• Employees can file a complaint if their rights under the Act respecting labour standards are violated. - Tribunal administratif du travail (TAT)
• Reviews disputes concerning labor relations, occupational injuries, and employment terminations under specific laws.
• Can hear cases related to dismissal without cause for employees with two or more years of continuous service. - Civil Courts (Cour du Québec or Superior Court)
• Employees can file a lawsuit for wrongful dismissal, breach of contract, or other employment-related disputes.
• Small claims court (Division des petites créances) is an option for claims under $15,000. - Human Rights Commission (Commission des droits de la personne et des droits de la jeunesse)
• Handles complaints related to workplace discrimination and human rights violations under the Quebec Charter of Human Rights and Freedoms. - Labour Unions (Syndicats)
• If the employee is unionized, disputes must be resolved through the union’s grievance process or arbitration. - Ombudsman (Protecteur du citoyen du Québec)
• Can intervene in cases involving public sector employment disputes, ensuring fair administrative treatment. - Alternative Dispute Resolution (ADR) – Mediation and Arbitration
• Mediation services are available through various organizations and can be a less adversarial way to resolve conflicts.
• Arbitration may be required depending on contractual agreements.
Navigating an employment dispute in Quebec requires understanding the appropriate forum based on the nature of the issue. Whether seeking recourse through government agencies, the courts, or alternative dispute resolution methods, employees have several options to protect their rights. It is often advisable to seek legal counsel or consult relevant authorities before taking action.
Allen Madelin Avocats offer consultations both in person and via videoconference. For more information, please contact us by telephone: 1 514 904 4017 or by e-mail: [email protected].
Please note that we do not take cases involiving collective agreements and those within CENSST jurisdiction.
