If you are under a contract of employment in the province of Quebec, it is essential that you fully understand the functions of the office and how it is designed to protect you from unhealthy workplaces, workplace harassment and workplace injury.
There are a wide range of things that can potentially go wrong within a workplace, which is why there are government regulations and specific juridical bodies in place. If you feel as though your employer has not properly followed the workplace rules of conduct, you have rights as an employee. To help you better understand your rights and where you can go to get help, we created this expert guide to work-related legal matters.
What is the Administrative Labour Tribunal?
The Administrative Labour Tribunal (ALT) is a non-criminal court that deals with civil matters such as employment disputes, unfair dismissal claims, workplace health and safety complaints, and other related matters. The tribunal has jurisdiction over workers who are employed or self-employed (including casual employees).
It was established under Part V of the Employment Relations Act 2000. Its main function is to resolve disputes between employers and their employees. In addition, it also provides information and assistance to both parties.
What is the CNESST?
On January 1st 2017, the Commission de l’équité salariale (CES), the Commission des normales du travail (CNT) and the Commission de la santé et de la sécurité du travail (CSST) were merged into a single body called the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST).
They now all work together in order to ensure that workers can access the best possible support services related to employment, equalization, inclusion, safety and security at work. The CNESST is responsible for administering the AROH law. The main goal of the CNESST remains the same as before: eliminating risks to employee health and safety.
Who has the right to the CNESST?
What are the divisions under the ALT?
When it comes to the public service that the ALT provides, their superior courts are split into 4 main divisions, allowing cases to be streamlined in an efficient manner to the exclusive jurisdiction who can handle the case. Below is a brief breakdown of what each division deals with.
Labour relations division
The labour relations division shall decide matters arising under the Labour code and the act respecting labour standards (mainly proceedings alleging psychological harassment, unfair dismissal, conditions of employment and unjust dismissal).
Occupational health and safety division
The occupational health and safety division is responsible for handling cases arising under section 359, 359.1 (involving occupational injury), 450 (involving death) and 451 (involving disease). In addition, cases involving injuries, diseases and deaths occurring in workplaces covered by the act will be heard by the OHS Commission. Cases relating to accidents happening outside workplaces covered by the act, however, will continue to be dealt with by the CLP. The new division will also deal with any complaints made against employers who fail to comply with the law.
Essential services division
The essential services division shall hear cases involving employees’ rights under Chapter V.1.1 of the Labour code (specific provisions applicable to the public sector) and Chapter V.2 of the Labour code (general provisions regarding workers’ rights).
Construction industry and occupation division
The construction industry and occupation qualifications division will hear cases under various statutes, including the act respecting workforce vocational training and qualifications and the labour relations act, and work force management in the construction industry.
Protection of workers in Quebec
Procedure before the ALT
Transitional measures
The Act amends the Code of Civil Procedure (CCP) so that a matter is initiated by filing a petition in a tribunal office located in one of three places: Montreal, Quebec City or another administrative region where there are enough cases being handled to warrant the establishment of such a tribunal office. A similar provision applies to hearings before the Tribunal sitting in a municipality with a functioning courthouse; if a hearing is to take place there, the Tribunal may use one of its own courtroom(s).
In addition to a number of significant changes made to the Act, one of the most important was change to how cases are initially presented. Prior to this amendment, the Act did not require an originating pleading to specify the conclusions sought and grounds in support thereof. However, after the amendment, this requirement became mandatory. This has a serious impact on any complaint alleging harassment as it now has to include the conclusion sought (i.e., relief), as well as the grounds supporting that conclusion (i.e., evidence).
Furthermore, it is no longer the Court of Appeals that receives the originating petition, but rather, the ALT itself, who is then responsible for forwarding a copy thereof to the other parties and the Court. The Court, in turn, has twenty days within which to transmit the ALT and each party a copy of the record pertaining to the contested case. The ALT is entitled to access the Commission‘s files relating to matters falling within the jurisdiction assigned to the Occupational Health & Safety Division.
The new act also contains provisions promoting a pre decision conciliation process, which is of a par with Quebec’s whole legislative strategy seeking promote alternative disputation methods, which is reflected within the provisions of the new code of civil procedure. Hearings before the ALT will be held before a single member of staff, unless the president of the decides otherwise.
In addition to this, the president may decide whether or not to assign a case to a panel of three people as part of an inquiry into a particular issue. The president may also decide to give certain matters higher priority than others, and may appoint one or more assistants to help him/her through the process.
The decisions of this tribunal are subject to internal review in any case where a new fact may affect the validity of the decision, or where an error was made that would render the decision invalid. In such circumstances, either party can move to set aside the decision under section 10 of the Act. Appeals against decisions of the Tribunal are only permitted if they concern matters of law. Any party aggrieved by a decision of the Tribunal has the right to seek judicial review.
Although it is true that the Act is quite comprehensive regarding procedures to follow prior to an arbitration proceeding being held, it also contains provisions allowing its members to supplement deficiencies in those procedures with any procedure consistent with its procedural and evidentiary requirements.
Need legal assistance?
If you feel as though you are entitled to compensation due to a workplace incident but do not understand the rules applicable to get that compensation, it is in your best interest to get the help of a lawyer. At Accident Solution, we understand how stressful the judicial process can be, especially for individuals who have suffered and are not familiar with the system. That is why we provide CNESST legal representation.
