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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 123.9

Commission's refusal

If the Commission refuses to take action following a complaint, the employee or, if applicable, the organization with the employee’s written consent, may within 30 days of the Commission’s decision under section 107 or 107.1, make a written request to the Commission for the referral of the complaint to the Commission des relations du travail.

2002, c. 80, s. 68.

Interpretation

The decision of the Commission des normes du travail concerning the validity of the complaint or absence thereof is an administrative decision that is not binding on the employee concerned. He may ask to be heard by the Commission des relations du travail, even after the administrative decision of the Commission des normes du travail deeming the complaint to be unfounded. In this case, the employee must make an application for referral in writing.

The deadline for making this application for referral is 30 days from the decision of the Commission des normes du travail to not proceed with the inquiry. If the employee requests an administrative review of this decision (s. 107 ALS) and if it is refused, he will then have 30 days to request in writing that his complaint be referred to the Commission des relations du travail.

When such an application is submitted by a non-profit organization dedicated to defending the rights of employees, the employee’s prior written consent is necessary.

The consequence of the refusal by the Commission des normes du travail to proceed with the employee’s complaint, because the Commission deems it unfounded, is that the Commission des normes du travail can no longer represent the employee before the Commission des relations du travail. The employee must then see to his representation, either personally or by way of a representative of his choice.

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