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)
If the Administrative Labour Tribunal considers that the employee has been the victim of psychological harassment and that the employer has failed to fulfil the obligations imposed on employers under section 81.19, it may render any decision it believes fair and reasonable, taking into account all the circumstances of the matter, including the discriminatory nature of the behaviour, such as
- ordering the employer to reinstate the employee;
- ordering the employer to pay the employee an indemnity up to a maximum equivalent to wages lost;
- ordering the employer to take reasonable action to put a stop to the harassment;
- ordering the employer to pay punitive and moral damages to the employee;
- ordering the employer to pay the employee an indemnity for loss of employment;
- ordering the employer to pay for the psychological support needed by the employee for a reasonable period of time determined by the Tribunal;
- ordering the modification of the disciplinary record of the employee.
2002, c. 80, s. 68; 2015, c. 15, s. 237; 2018, c. 21, s. 45.
All of the powers listed in this section are the same as those already granted to the Commission des relations du travail with respect to a complaint for a dismissal not made for good and sufficient cause. Paragraphs 1) to 7) of section 123.15 ALS relating to the powers of the Commission des relations du travail are descriptive and do not limit its powers. The Commission may "render any decision it believes fair and reasonable, taking into account all the circumstances of the matter", including the discriminatory nature of the behaviour.
A decision of the Commission des relations du travail filed in the Superior Court then becomes enforceable, like a final decision of this Court*.
* It is section 129 of the Labour Code which stipulates that:
“129. The Commission may, within 12 months after the date of the decision, on application by an interested party, authorize the fi ling of the decision at the office of the clerk of the Superior Court of the district of the domicile of one of the parties to whom the decision applies.
The decision of the Commission becomes enforceable as if it were a fi nal judgment of the Superior Court and has all the effects of such a judgment. If the decision contains an order to do or not to do something, any person named or designated in the decision who transgresses the order or refuses to comply therewith, and any person not designated who knowingly contravenes the order, is guilty of contempt of court and may be condemned by the court having jurisdiction, in accordance with the procedure provided for in articles 53 to 54 of the Code of Civil Procedure (chapter C-25), to a fi ne not exceeding $50,000 with or without imprisonment for not over one year. These penalties may be imposed again until the offender complies with the decision.”