Complaint or grievance – For a Safe Maternity Experience
Pregnant or breastfeeding workers who believe they have been treated unfairly after applying to the For a Safe Maternity Experience Program may either file a complaint with the CNESST or file a grievance as a union member.
A worker may file a complaint if she was dismissed, suspended, transferred or was the subject of a discriminatory measure or reprisals.
How to file a complaint
Within 30 days of the sanction, the worker may file a complaint in writing with the CNESST. A copy of the complaint must be given to the employer.
If the worker is a union member, she may follow the grievance procedure provided for in her collective agreement.
When the complaint is received
The CNESST sends an acknowledgement of receipt to the complainant and informs the employer that a complaint has been received.
The CNESST assigns the complaint to a mediator/adjudicator who is responsible for handling it, in the first instance by proposing mediation.
If the employer and the worker are unable to reach an agreement and the worker maintains her complaint, the mediator/adjudicator summons the parties to a hearing. After the hearing, the mediator/adjudicator renders a decision accepting or rejecting the complaint. The parties have 45 days to contest the decision before the Administrative Labour Tribunal.
Decisions rendered by mediators/adjudicators
Decisions rendered by mediators/adjudicators following a complaint filed under the la Loi sur les accidents de travail et les maladies professionnelles or the Loi sur la santé et la sécurité du travail are public. You can consult them on the Société québécoise d'information juridique.