How can mediation help you?
Mediation is a free service offered by the CNESST. It helps workers and their employer reach an agreement when there is a conflict about labour standards, pay equity, occupational health and safety or occupational accidents and diseases.
When a complaint is filed, the mediator contacts the parties to offer them their services. The parties are always free to accept or refuse mediation.
During mediation, the parties may be accompanied by a person of their choice for support. They also have the right to be represented.
All information collected by the mediator during meetings is kept confidential, including the terms of the agreement.
Who is offered mediation?
Mediation is for:
- the worker
- the employer or their representative
- certified associations, such as unions
- worker associations
When is mediation offered?
Mediation is offered when any of the following situations are reported to the CNESST:
- psychological or sexual harassment
- dismissal not made for good and sufficient cause
- differences in treatment solely based on the hiring date concerning pension plans or other employee benefits
- disagreement within a pay equity committee or when implementing a pay equity program
- dismissal of a worker following the exercise of a right under the For a Safe Maternity Experience Program
- prohibited practice, sanction, discriminatory measure or reprisals against a worker who, for instance:
- is pregnant
- suffered an employment injury (work-related injury or illness)
- exercises a right or a function that is recognized by the Loi sur la santé et la sécurité du travail (LSST)
- exercises a right that is recognized by the Loi sur les accidents du travail et les maladies professionnelles (LATMP)
- exercises a right or a recourse that is recognized by the Loi sur l’équité salariale
- exercises a right or a recourse that is recognized by the Loi sur les normes du travail
What happens if mediation is refused or if an agreement cannot be reached?
If mediation is refused or if an agreement cannot be reached, other options are proposed
|Nature of the complaint||Option|
Dismissal not made for good and sufficient cause or a practice that is prohibited by the Loi sur les normes du travail
|We offer the worker the option of being represented by one of our lawyers free of charge before the Tribunal administratif du travail.|
|Psychological or sexual harassment||The complaint is transferred to one of our psychological harassment investigators. If the findings of the investigation confirm a situation of harassment, we offer the worker the option of being represented by one of our lawyers free of charge before the Tribunal administratif du travail.|
|Pay equity||We conduct an investigation and render a decision. The worker and the employer have 90 days from the date of receipt of the decision to contest the decision before the Tribunal administratif du travail.|
|Occupational health and safety||One of our mediators/adjudicators summons the worker and the employer to a hearing. Based on the facts reported, a decision is rendered. The worker and the employer have 45 days from the date of receipt of the decision to contest the decision before the Tribunal administratif du travail.|