Act respecting labour standards Chapter V - Recourses (Section 98 to 135)
Chapter V - Recourses (Section 98 to 135)
Division I - Civil recourses (Section 98 to 121)
Identity of an employee
The Commission shall not, during the inquiry, disclose the identity of an employee by or on behalf of whom a complaint has been filed, unless the latter consents to it.
1979, c. 45, s. 103; 1990, c. 73, s. 46.
The aim of this provision is to protect an employee concerned by a complaint (even if he is not the one that filed it).
The Commission is forbidden from disclosing the identity of that employee during the inquiry unless the latter consents to it, regardless of the procedure of inquiry used (on location, by telephone or otherwise).
For example, within the context of an inquiry of the Commission made at its own initiative (see section 105 of the Act), the names of the employees in question will not have to be revealed during the inquiry, even if they did not personally file a complaint.