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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER V - Recourses

Civil recourses

Sections
98
99
100
101
102
103
104
105
106
107
107.1
108
109
110
111
112
113
114
115
116
117
118
119
119.1
120
121

Section 103

Identity of an employee

The Commission shall not, during the inquiry, disclose the identity of an employee by or on behalf of whom a complaint has been filed, unless the latter consents to it.

1979, c. 45, s. 103; 1990, c. 73, s. 46.

Interpretation

The aim of this provision is to protect an employee concerned by a complaint (even if he is not the one that filed it).

The Commission is forbidden from disclosing the identity of that employee during the inquiry unless the latter consents to it, regardless of the procedure of inquiry used (on location, by telephone or otherwise).

For example, within the context of an inquiry of the Commission made at its own initiative (see section 105 of the Act), the names of the employees in question will not have to be revealed during the inquiry, even if they did not personally file a complaint.

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