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Guide Interpretation

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Part I - Act respecting labour standards

CHAPTER V - Recourses

Recourse against psychological harassment

Sections
123.6
123.7
123.8
123.9
123.10
123.11
123.12
123.13
123.14
123.15
123.16

Section 123.12

Commission des relations du travail

At the end of the inquiry, if no settlement is reached between the parties and the Commission agrees to pursue the complaint, it shall refer the complaint without delay to the Commission des relations du travail.

2002, c. 80, s. 68.

Interpretation

In this case, the employee does not need to ask the Commission des normes du travail, orally or in writing, to refer his complaint to the Commission des relations du travail.

The referral is made automatically, without any further formality on the part of the employee, if the Commission deems that the complaint is founded and if a complete settlement between the parties has not been reached.

The decision of the Commission des normes du travail regarding the validity of a complaint is an administrative decision; the Commission does not usurp the role entrusted to the courts, which consists of ruling on the dispute.

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