Dismissal not made for good and sufficient cause

When a complaint is filed

The complainant’s collaboration is essential for the processing of his complaint. He will have to:

  • support the claims he makes with verifiable facts
  • collaborate with the various representatives of the Commission des normes, de l'équité, de la santé et de la sécurité du travail.

The complainant will have to provide:

  • his name, address and telephone number
  • the name, address and telephone number of his former employer
  • the date when his employment began
  • the date when his employment ended
  • a short text mentioning the circumstances that led to his dismissal
  • his signature
  • a copy of his record of employment and a pay sheet if possible.

He should know that:

  • his former employer will be informed of his complaint
  • only the Tribunal administratif du travail can determine if he was indeed dismissed without good and sufficient cause.

It will be up to the employer to show that he had good and sufficient cause to dismiss his former employee.

Service de renseignement

You can file a complaint in two ways:

1 . On-line

2. By telephone at 1-844 838-0808

Reception of the complaint

Here are the different steps in the complaint processing.

Reception of the complaint

Can the complaint be accepted?

The Commission des normes, de l'équité, de la santé et de la sécurité du travail makes sure that the complaint is admissible. A representative gets in touch with the complainant and checks:

  • that he worked for the same employer for at least 2 years
  • that he was an employee within the meaning of the Act respecting labour standards
  • that he does not benefit from an equivalent recourse under another law or a collective agreement
  • that the enterprise for which he worked is under provincial jurisdiction
  • that he filed his complaint in the 45 days following his dismissal.
When the complaint cannot be accepted

If the Commission des normes, de l'équité, de la santé et de la sécurité du travail considers the complaint inadmissible, it writes to the complainant to notify him that it is putting an end to the process and it explains why. The complainant has the right to apply in writing to the Director General of Legal Affairs at the Commission for a review of this decision within 30 days of receiving it. The Director General of Legal Affairs in turn has 30 days after receiving the application for review to make his decision. If the Commission does not receive an application for review, it closes the file.

When the complaint is admissible

If the claim is deemed admissible, the Commission des normes, de l'équité, de la santé et de la sécurité du travail:

  • notifies the complainant that it will follow up on the complaint as soon as possible
  • iinforms the former employer that a complaint for a dismissal not made for good and sufficient cause has been filed against him
  • designates a mediator who contacts the complainant and the former employer.

Mediation is accepted in more than 85% of the cases and a satisfactory settlement is reached  7 out of 10 times. When there is an agreement following mediation, the Commission des normes, de l'équité, de la santé et de la sécurité du travail puts an end to its intervention.

If there is no agreement following mediation, the complaint is sent to the Direction générale des affaires juridiques of the Commission des normes, de l'équité, de la santé et de la sécurité du travail in preparation for a hearing before the Tribunal administratif du travail.

Mediation offer

If the complaint is admissible, it is entrusted to a mediator who contacts the complainant and his former employer to offer them his services.

With the help of the mediator, they endeavour together to find solutions that are satisfactory to both parties. They may call on the mediation service during every stage of the complaint  process. This service, which is very efficient, makes it possible to settle close to 40% of the complaints.

A service geared to communication

In a climate that is conducive to discussions, the mediator helps the parties to establish a dialogue. In the presence of one another, they can express their respective points of view, examine possible solutions and negotiate the terms of an agreement to which they freely consent.

An advantageous service

Mediation makes it possible to:

  • actively participate in the search for satisfactory solutions
  • retain control over the decisions to be made
  • save time and money, while limiting worries
  • arrive at an agreement freely consented to.
A professional service

The mediators with the Commission des normes, de l'équité, de la santé et de la sécurité du travail are subject to rules of ethics. Their role, their duties and their responsibilities, notably concerning impartiality, fairness and confidentiality, are specified in this pamphlet.

The mediator is a neutral person, who does not take sides with the former employer or the complainant. He must:

  • explain to them the rules of mediation
  • inform them of their rights and obligations
  • provide them with his support throughout the initiative, without ever taking their place
  • create a climate that is conducive to dialogue
  • help the complainant and  the former employer to explain the facts related to the conflict
  • help them to find settlement avenues
  • help them to clearly evaluate the situation and the proposed solutions
  • make sure that the complainant and the  former employer are satisfied with the draft agreement.

To be fully objective, the mediator cannot already have been active in other capacities in the case. He must act in complete confidentiality. No one may compel him to disclose the information entrusted to him during his mandate.

Sending of the complaint to the Tribunal administratif du travail

Hearing

Mediation may be refused by the complainant or the former employer. Moreover, it may not necessarily produce an agreement. The complaint is then sent to the Tribunal administratif du travail for a hearing before a commissioner. Only the commissioner can determine if the employee was dismissed without good and sufficient cause.

Preparation

When the complaint is sent to the Tribunal administratif du travail, the case is submitted to a lawyer at the Direction générale des affaires juridiques of the Commission des normes, de l'équité, de la santé et de la sécurité du travail. He will contact the complainant to offer to represent him free of charge and to invite him to prepare.

The complainant may wait from 6 to 8 months before obtaining a hearing date. Before the planned date of the hearing, the lawyer from the Commission des normes, de l'équité, de la santé et de la sécurité du travail can accompany the complainant to a conciliation session offered by the Tribunal administratif du travail. If an agreement is reached on that occasion, the hearing will no longer be necessary.

If the complainant prefers, he can be represented by the lawyer of his choice at his expense.

A few tips for the day of the hearing
  • Dress appropriately: avoid attracting attention or offending others
  • Make sure that you are present in the hearing room before the set time
  • Avoid discussing your case outside the hearing room
  • When testifying, speak clearly, in a loud voice and with assurance
  • Pay attention to each question asked
  • Remain calm
Powers of the  Tribunal administratif du travail

If the complaint is accepted, the labour commissioner can make the following decisions:

  • order that the employer reinstate the complainant in the position that he occupied prior to his dismissal
  • order that the employer pay the complainant an indemnity equal to the wages lost since his dismissal
  • make any other decision that he deems reasonable.