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

Mediation

Upon receiving the complaint, the Commission des normes, de l’équité, de la santé et de la sécurité du travail may, with the agreement of the parties, appoint a person who shall endeavour to settle the complaint to the satisfaction of the interested parties. The second and third paragraphs of section 123.3 apply for the purposes of this section.

Reasons for dismissal

The Commission des normes, de l’équité, de la santé et de la sécurité du travail may require from the employer a writing containing the reasons for dismissing the employee. It must provide a copy of this writing to the employee, on demand.

1979, c. 45, s. 125; 1990, c. 73, s. 60; 2001, c. 26, s. 143; O.C. 1314-2002.

Interpretation

This provision allows the Commission to assure the parties, if they consent thereto, the holding of mediation with a representative of the Commission. Mediation assures them full protection of confidentiality with respect to the conversations held during this process and the related settlement offers, as the case may be. The information disclosed during this stage will not be opposable to the parties thereafter. It should be noted that the Commission des relations du travail can rule on the existence of a transaction (agreement) reached during such a mediation process.

Also see the interpretation in section 123.3 ALS to the same effect (mediation within the context of a recourse against prohibited practices).

In addition, to ensure the employee the right to a full defence, the employer must provide a written presentation of the reasons for dismissal, upon request of the Commission. When the employer refuses or neglects to provide this writing to the Commission after having received a request to this effect, he may have a penal complaint filed against him (see the interpretation of sections 139 ALS and following).