Act respecting labour standards Chapter V - Recourses (Section 98 to 135)
Chapter V - Recourses (Section 98 to 135)
Division II - Recourse against psychological harassment (Section 123.6 to 123.16)
The Commission may, at any time, during the inquiry and with the agreement of the parties, request the Minister to appoint a person to act as a mediator. The Commission may, at the request of the employee, assist and advise the employee during mediation.
2002, c. 80, s. 68.
Mediation is possible throughout the inquiry process, but is not mandatory. It is an additional settlement method that is offered to consenting parties.
This mediation is done by a person designated by the Minister of Labour, at the request of the Commission des normes du travail, which will have obtained the consent of the parties for this purpose. As the Commission des normes du travail is in charge of the inquiry process, the neutrality of the mediator is ensured.
Unlike in the case of complaints for a prohibited practice or for a dismissal not made for good and sufficient cause, the complaint for psychological harassment gives rise to an inquiry by the Commission des normes du travail (see the interpretation of section 123.8 ALS).