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Step 6. Hearing before the Tribunal administratif du travail

Step 6. Hearing before the Tribunal administratif du travail

The Tribunal administratif du travail is the only body that can determine whether the situation experienced by the employee is actually psychological harassment. The lawyer of the Commission des normes, de l'équité, de la santé et de la sécurité du travail provides the employee with assistance and support throughout this process.

Before the case is heard by an administrative judge, the Tribunal administratif du travail invites the employee and the employer to take part in a conciliation meeting. The conciliator helps the parties involved find solutions together to the dispute between them. If no agreement is reached, the parties are heard by an administrative judge on the date provided for in the notice of hearing.

A hearing before the Tribunal administratif du travail is similar to a hearing in a court of law.

  • The employee and the employer are both called upon to give their version of the facts
  • The employee must be present
  • The presumed harasser and the witnesses may also be heard
  • The Tribunal administratif du travail may accept or reject the complaint. It has 90 days after the last day of the hearing to render a decision.

If the administrative judge concludes that the employee is a victim of psychological harassment and that the employer failed to fulfil his obligations, the administrative judge may, in particular, order the employer to:

  • reinstate the employee in his job
  • pay him an indemnity corresponding to wages lost, where applicable
  • take reasonable action to put a stop to the harassment
  • pay punitive and moral damages to the employee
  • pay him an indemnity for loss of employment, where applicable
  • pay for the psychological support needed by the employee for a reasonable period of time determined by the Tribunal administratif du travail
  • modify the disciplinary record of the employee.

To learn more, visit the website of the Tribunal administratif du travailCe lien ouvre dans une nouvelle fenêtre.