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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER V - Recourses

Recourse against certain differences in treatment

Sections
121.1
121.2
121.3
121.4
121.5
121.6
121.7
121.8
122
122.1
122.2
123
123.1
123.2
123.3
123.4
123.5

Section 123.3

Settlement

The Commission, with the agreement of the parties, may appoint a person who shall endeavour to settle the complaint to the satisfaction to the parties.

Restriction

Only a person who has not already acted in the matter in question in another capacity may be appointed for this purpose by the Commission.

Confidentiality

Any verbal or written information gathered by the person appointed under the first paragraph must remain confidential. He may not be compelled to divulge anything that has been revealed to him or that has come to his knowledge in the performance of his duties, or to produce before a court or before any body or person fulfilling a judicial or quasi-judicial function any document made or obtained in the performance of his duties, except in penal matters, where the court considers that such proof is necessary for a full and complete defence. Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person shall have a right of access to any such document.

1990, c. 73, s. 58; 1992, c. 61, s. 416.

Interpretation

The Commission may designate a person to attempt to settle the complaint to the satisfaction of the parties. The latter must, before designating the person to act as mediator, obtain the agreement of the parties, as the Act makes this a prerequisite. The mediator cannot act in the matter in any other capacity whatsoever.

Any verbal or written information gathered by this person remains confidential and cannot be disclosed. The aim of this measure is to establish a relationship of trust between the parties and the Commission, which can then act, with a full knowledge of the facts. For example, the mediator cannot show the information or documents that were revealed to him or of which he had knowledge in the performance of his duties.

The Commission offers the mediation service to an employee who files a complaint against a prohibited practice as well as against a dismissal not made for good and sufficient cause (s. 125 ALS). This process allows the parties to resolve, to their satisfaction, a complaint, while avoiding recourse to court intervention, as soon as possible.

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