RL-5 and T5007 for the 2022 taxation year
If you are registered with Mon Espace CNESST, you can consult your RL-5 and T5007 tax slips in your file as of February 1, 2023.
Paper slips will be mailed between February 1 and February 10, 2023. It may take 10 days to receive them.

Complaint concerning psychological or sexual harassment

In the event of psychological or sexual harassment in the workplace, workers may file a complaint with the CNESST.

If the harassment led to a psychological injury certified by a physician, the person who filed a complaint could be compensated by the CNESST following a review of their file. In this case, the person is advised to make a work accident claim and file a complaint for psychological or sexual harassment in the workplace.

A complaint may also be filed with the Commission des droits de la personne et des droits de la jeunesse if it concerns discriminatory behaviour.

Note

Please read our examples. They will help you recognize situations of psychological or sexual harassment in the workplace.

How the complaints process works

Filing a complaint

A person who wishes to file a complaint can complete the File a complaint questionnaire. If the complaint is admissible, they will be directed to the appropriate instructions for filing an official complaint.

There are several steps in the complaints process. Throughout the process, the person who filed a complaint is asked to cooperate with various CNESST officers, in particular by providing the information and documents requested.

Representation of trainees

Trainees who complete 1 of the following 2 types of training periods may be represented:

  • training period required to obtain a permit to practice issued by a professional order
  • training period that is part of a study program

With their consent, a complaint may be filed on their behalf by:

  • a non-profit student rights organization
  • a pupil or student association
  • a group of pupil or student associations

Important

To be admissible, the complaint must be filed within 2 years of the date of the last incident of harassment.

Analysis of the complaint

Once the complaint is filed, the CNESST contacts the person who filed the complaint to verify whether the complaint is admissible. Among other things, it makes sure that:

  • the person who files a complaint is protected by law
  • their employer is subject to the ALS or, if applicable, the respondent is subject to the act person’s recourse is based on
  • the person has no other recourses under a collective agreement or other act
  • the complaint was filed within the time limit prescribed by law

If the complaint is admissible, the CNESST notifies the person who filed the complaint and checks whether the disagreement can be resolved by communicating with the employer, for example by explaining the standards that apply. If this is not possible, a number of options are provided for to try to resolve the situation.

If the complaint is inadmissible, the CNESST notifies the person who filed the complaint and explains the reasons. If the person disagrees with the decision, they have 30 days to contest it by completing the Application for review of decision form. The CNESST has 30 days to respond.

Mediation

When a complaint is filed, the CNESST offers a free mediation service.

If mediation is refused or if an agreement cannot be reached, other options are proposed to try to resolve the situation.

Investigation

The CNESST conducts an investigation to verify the merits of a complaint.

The role of the person mandated to conduct an investigation is to collect, verify and examine the information used to build a complete case in the event of legal action.

At any time during the investigation, the parties may reach an agreement, in accordance with the law, to resolve the situation. The CNESST will then stop its intervention.

The Act respecting public inquiry commissions and the Act respecting labour standards provide specific powers to the person mandated to conduct the investigation. If the person deems it relevant, they may:

  • visit and inspect an employer's workplace or establishment at a reasonable time
  • request information and documents
  • communicate with any person who could provide or verify information

If the investigation shows that the complaint is unfounded, the person who filed the complaint has 30 days to contest the decision by completing the Application for revision of decision form.

If the investigation shows that the complaint is founded, the CNESST refers the complaint to the Direction des affaires juridiques.

Important

The names of witnesses or any other people met with in the course of a psychological or sexual harassment investigation will remain confidential.

If the CNESST decides not to follow up on the complaint after investigation, the person who filed the complaint may nonetheless request that their complaint be referred to the Tribunal administratif du travail. In these circumstances, the CNESST will not represent the person and they must secure the services of a lawyer of their choice.

Transfer of the file to the CNESST’s legal affairs department

The CNESST assigns the complaint to a lawyer if no action has succeeded in resolving the situation. The person who filed the complaint does not have to pay any fees when they are represented by a CNESST lawyer.

  • They may also choose to be represented by a lawyer of their choice, at their own expense.
  • The court sets the date for the hearing. This means that wait times for a hearing can vary.
  • The situation may be resolved at any time before the hearing. If an agreement is not reached, the parties will be heard by the judge.

Important

A complaint concerning psychological or sexual harassment is heard by the Tribunal administratif du travail. If the judge determines that the complaint is founded and that the employer has not fulfilled their obligations, they may order the employer to:

  • reinstate:
    • the worker in their job with all their rights and privileges
    • the trainee in their training period with all their rights and privileges
  • pay the worker or trainee an indemnity corresponding to the wages and benefits lost as a result of the sanction received, where applicable
  • take reasonable steps to put an end to the harassment
  • pay the worker or trainee punitive and moral damages and interest
  • pay for the psychological support required by the worker or trainee for a reasonable period determined by the judge
  • amend the worker's or trainee's disciplinary record
  • render any other decision they consider fair and reasonable in the circumstances

Measures adapted to the particular situations of trainees may be imposed by the Tribunal administratif du travail to remedy the harm that may have been caused to them.

Any employer, educational institution or professional body who contravenes the Act to ensure the protection of trainees in the workplace (French only) is liable to a fine.

Forms and publications

Psychological or sexual harassment: employee’s version of events (Formulaire)
Guide pour l'élaboration d'une politique de prévention du harcèlement psychologique ou sexuel au travail et de traitement des plaintes (Guide et modèle)
Modèle de politique en matière de harcèlement psychologique ou sexuel au travail et de traitement des plaintes (Guide et modèle)
Ma plainte est confiée à un avocat (Document d’information)
Demande de révision de la décision - Normes du travail (Formulaire)
Désistement d’une demande de révision – Travailleur (Formulaire)

Laws and regulations

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