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Act respecting labour standards Chapter V - Recourses (Section 98 to 135)

Chapter V - Recourses (Section 98 to 135)

Division III - Recourse against dismissals not made for good and sufficient cause (Section 124 to 135)

Section 127

Provisions applicable

The provisions of the Labour Code (chapter CV-27) respecting the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdiction, and section 100.12 of the said Code apply, adapted as required, except sections 15 to 19.

1979, c. 45, s. 127; 1990, c. 73, s. 61; 2001, c. 26, s. 146; O.C. 1314-2002.

Interpretation

When the Commission defers the complaint to the Commission des relations du travail under section 126 ALS, the provisions of the Labour Code mentioned in section 127 ALS apply, adapted as required. By way of section 127 ALS, the powers held by an arbitrator on grievances are conferred on the labour commissioner in charge of hearing the complaint under section 124 ALS. For example, the commissioner must proceed diligently with the handling of a complaint and make his decision based on the facts gathered during the investigation. He may ask the parties and witnesses the questions that he deems useful.

However, the powers of the Commission des relations du travail regarding specific remedial actions under section 124 ALS are those that are mentioned in section 128 ALS. In addition, the Commission benefits from expanded powers to make different types of orders, such as a provisional execution order, that it deems appropriate to safeguard the rights of the parties (see sections 112 and following of the Labour Code (R.S.Q. c. C-27) regarding the powers of the Commission des relations du travail.)