Becoming a Parent

Prohibited Practices

Important Notice

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Every employee may file a complaint with the Commission des normes, de l'équité, de la santé et de la sécurité du travail if they believe that they have been dismissed, suspended, transferred or subjected to discriminatory measures, reprisals or any other sanction on any of the following grounds:

  • the employee has exercised a right under the Act respecting labour standards or a regulation under the Act;
  • the Commission is conducting an inquiry in an establishment of the employer;
  • the employee has provided the Commission with information on the application of the labour standards or has given evidence in a proceeding related thereto;
  • the employee’s salary has been or might be seized (seizure by garnishment);
  • the employee owes support payments under the Act to facilitate the payment of support;
  • for the purpose of evading the application of the Act respecting labour standards or a regulation under the Act;
  • the employee refused to work beyond his or her regular hours of work because the employee’s presence was required to fulfil obligations relating to the care, health or education of the employee’s child or his or her spouse’s child, or because of the state of health of the employee’s spouse, father, mother, brother, sister or one of the employee’s grandparents, even though the employee had taken the reasonable steps within his or her power to assume those obligations otherwise;
  • the employee has intervened in a case of psychological harassment;
  • the employee has disclosed a wrongdoing within the meaning of the Anti-Corruption Act or has cooperated in an audit or an investigation regarding such a wrongdoing;
  • the employee has exercised a right under the Voluntary Retirement Savings Plans Act;
  • the employee was absent for a sick leave or following a crime and has worked for the same employer for at least three months;
  • the employee has reached or passed the age or the number of years of service required to retire, or has been subjected to discriminatory measures or reprisals;
  • the employee is pregnant (however, the employer must, of its own initiative, transfer a pregnant employee  if her conditions of employment are physically dangerous to her or her unborn child; the employee may refuse the transfer by presenting a medical certificate attestinig that her conditions of employment are not dangerous as alleged);
  • the employee is coming back from maternity, paternity or parental leave, in which cases, the employee has at least 20 weeks after returning to work to exercise a recourse.

The burden is on the employer to prove that the employee was not dismissed, suspended or transferred on any of the above grounds, failing which the Tribunal administratif du travail may order the employer to

  • reinstate the employee in his or her job;
  • pay the employee an indemnity corresponding to the wage and other benefits of which he or she was deprived due to dismissal, suspension or transfer;
  • cancel a sanction or cease to implement the discriminatory measures or reprisals against the employee and, if applicable, pay the employee an indemnity.

Restriction
In the case of a domestic or a person whose exclusive duty is to take care of or provide care to a child or to a sick, handicapped or elderly person, the Tribunal administratif du travail may only order the payment to the employee of an indemnity corresponding to the wage and other benefits of which he or she was deprived due to dismissal.

An employee’s right to vote on polling day (provincial elections only)
Any employee who is allowed to vote and is dismissed or believes that reprisals were taken against him or her for having exercised the right to vote may file a complaint with the Commission des normes, de l'équité, de la santé et de la sécurité du travail.

  • ;#2;#Provincial;#
  • ;#13;#Complaints and appeals;#
  • ;#2;#Citizens;#
  • ;#4;#Employment;#
  • traduction anglaise
  • ;#524;#Commission des normes, de l'équité, de la santé et de la sécurité du travail;#
  • CNESST