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)
Paragraphs 2, 4 and 6 of section 123.15 do not apply to a period during which the employee is suffering from an employment injury within the meaning of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) that results from psychological harassment.
Where the Commission des relations du travail considers it probable that, pursuant to section 123.15, the psychological harassment entailed an employment injury for the employee, it shall reserve its decision with regard to paragraphs 2, 4 and 6.
2002, c. 80, s. 68.
The Commission des relations du travail seized with a complaint must make a decision as to the existence or absence of harassment at work. When it ascertains that the employer failed to meet his obligations, it must make a motivated decision to this effect, according to the remedies stipulated in the section 123.15 ALS.
It is possible that an employee may have submitted a claim under the Act respecting industrial accidents and occupational diseases (R.S.Q., c. A-3.001) to determine if the psychological harassment of which he is a victim is an employment injury.
In this case, if the Commission des relations du travail deems it likely that a decision rendered by the competent body will establish that the case involves such an employment injury, it will have to reserve its decision regarding the orders stipulated in paragraphs 2), 4) and 6) of section 123.15 ALS. These orders concern the indemnity related to lost wages, punitive and moral damages, and the funding of the psychological support required for the employee.
Consequently, the Commission des relations du travail will have to issue an order that will deal, in particular, with paragraphs 1), 3), 5) and 7) of section 123.15 ALS, as well as any other decision that it believes is fair and reasonable, taking into account all the circumstances of the matter. In so doing, the legislator wanted to ensure that the employee is not deprived of the compensation to which he would otherwise be entitled under the Act respecting labour standards.
It must, however, be noted that the opinion of the Commission des relations du travail as to the likelihood of the existence of an employment injury cannot be binding on the Commission de la santé et de la sécurité du travail or the Commission des lésions professionnelles, which have the exclusive power* to determine an employment injury under their enabling legislation.
Moreover, if the employment injury is recognized by the aforementioned empowered body, the Commission des relations du travail will not be able to issue an order on the subject matter listed in paragraphs 2), 4) and 6) of section 123.15 ALS.
* Sections 349 and 369 of the Act respecting industrial accidents and occupational diseases (R.S.Q., c. A-3.001) deal respectively with the exclusive powers of the Commission de la santé et de la sécurité du travail and the Commission des lésions professionnelles.