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Law Quebec

Law Quebec

Psychological Harassment at Work

For the actual website please click here: Commission des normes du travail Quebec

Quebec a province of Canada

Legislation
Psychological harassment at work

Sect. 81.18

For the purposes of this Act, “psychological harassment” means any vexatious behaviour in the form of repeated and hostile or unwanted conduct, verbal comments, actions or gestures, that affects an employee’s dignity or psychological or physical integrity and that results in a harmful work environment for the employee.
A single serious incidence of such behaviour that has a lasting harmful effect on an employee may also constitute psychological harassment.
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2002, c. 80, s. 47.

Sect. 81.19

Every employee has a right to a work environment free from psychological harassment.
Employers must take reasonable action to prevent psychological harassment and, whenever they become aware of such behaviour, to put a stop to it.
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2002, c. 80, s. 47.

Sect. 81.20

The provisions of sections 81.18, 81.19, 123.7, 123.15 and 123.16, with the necessary modifications, are deemed to be an integral part of every collective agreement. An employee covered by such an agreement must exercise the recourses provided for in the agreement, insofar as any such recourse is available to employees under the agreement.
At any time before the case is taken under advisement, a joint application may be made by the parties to such an agreement to the Minister for the appointment of a person to act as a mediator.
The provisions referred to in the first paragraph are deemed to form part of the conditions of employment of every employee appointed under the Public Service Act (chapter F-3.1.1) who is not governed by a collective agreement. Such an employee must exercise the applicable recourse before the Commission de la fonction publique according to the rules of procedure established pursuant to that Act. The Commission de la fonction publique exercises for that purpose the powers provided for in sections 123.15 and 123.16 of this Act.
The third paragraph also applies to the members and officers of bodies.
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2002, c. 80, s. 47.

Recourse against psychological harassment

Sect. 123.6

An employee who believes he has been the victim of psychological harassment may file a complaint in writing with the Commission. Such a complaint may also be filed by a non-profit organization dedicated to the defence of employees’ rights on behalf of one or more employees who consent thereto in writing.
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2002, c. 80, s. 68.

Sect. 123.7

Any complaint concerning psychological harassment must be filed within 90 days of the last incidence of the offending behaviour.
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2002, c. 80, s. 68.

Sect. 123.8

On receipt of a complaint, the Commission shall make an inquiry with due dispatch.
Sections 103 to 110 shall apply to the inquiry, with the necessary modifications.
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2002, c. 80, s. 68.

Sect. 123.9

If the Commission refuses to take action following a complaint, the employee or, if applicable, the organization with the employee’s written consent, may within 30 days of the Commission’s decision undersection 107 or 107.1, make a written request to the Commission for the referral of the complaint to the Commission des relations du travail.
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2002, c. 80, s. 68.

Sect. 123.10

The Commission may, at any time, during the inquiry and with the agreement of the parties, request the Minister to appoint a person to act as a mediator. The Commission may, at the request of the employee, assist and advise the employee during mediation.
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2002, c. 80, s. 68.

Sect. 123.11

If the employee is still bound to the employer by a contract of employment, the employee is deemed to be at work during mediation sessions.
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2002, c. 80, s. 68.

Sect. 123.12

At the end of the inquiry, if no settlement is reached between the parties and the Commission agrees to pursue the complaint, it shall refer the complaint without delay to the Commission des relations du travail.
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2002, c. 80, s. 68.

Sect. 123.13

The Commission des normes du travail may represent an employee in a proceeding under this division before the Commission des relations du travail.
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2002, c. 80, s. 68.

Sect. 123.14

The provisions of the Labour Code (chapter C-27) relating to the Commission des relations du travail, its commissioners, their decisions and the exercise of their jurisdiction, except sections 15 to 19, as well as section 100.12 of that Code apply, with the necessary modifications.
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2002, c. 80, s. 68.

Sect. 123.15

If the Commission des relations du travail considers that the employee has been the victim of psychological harassment and that the employer has failed to fulfil the obligations imposed on employers under section 81.19, it may render any decision it believes fair and reasonable, taking into account all the circumstances of the matter, including

1. ordering the employer to reinstate the employee;
2. ordering the employer to pay the employee an indemnity up to a maximum equivalent to wages lost;
3. ordering the employer to take reasonable action to put a stop to the harassment;
4. ordering the employer to pay punitive and moral damages to the employee;
5. ordering the employer to pay the employee an indemnity for loss of employment;
6. ordering the employer to pay for the psychological support needed by the employee for a reasonable period of time determined by the Commission;
7. ordering the modification of the disciplinary record of the employee.
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2002, c. 80, s. 68.


Sect. 123.16

Paragraphs 2, 4 and 6 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.
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2002, c. 80, s. 68.