In case of psychological or sexual harassment
A worker who suffers psychological or sexual harassment in the workplace – or who witnesses it – must report it. Several mechanisms are available to them.
Once a situation of psychological or sexual harassment in the workplace has been established, the worker can take several actions, depending on the case.
If a worker believes they are being harassed, they may:
- Discuss their situation with their employer or union, if possible;
- Consult their doctor if they believe their physical or psychological health is in danger;
- Report the situation to a CNESST inspector;
- File a complaint for psychological or sexual harassment in the workplace.
The worker has 2 years after the last occurrence of harassment to file a complaint. We also recommend submitting a work accident claim if the harassment has led to a psychological or physical injury certified by a doctor.
Alternatively, and depending on the case, the worker may also consider:
- File a workplace dispute complaint if they believe their work environment endangers their health, safety or physical or psychological integrity. They may also file a complaint if they have been dismissed, suspended or experienced reprisals for having suffered an occupational injury or exercising a right recognized by law.
- File a complaint about prohibited practices
- File a complaint with the Commission des droits de la personne et des droits de la jeunesse if the harassment is related to discrimination under the Charter of Human Rights and Freedoms.
If an employee witnesses harassment, they must report the situation:
- To their employer, the health and safety representative, the health and safety liaison officer, the health and safety committee members,
or - a CNESST inspector.
Section 122 of the Act respecting labour standards protects this employee against reprisals.
To assert their rights, unionized employees must contact their union directly to file a grievance. The collective agreement generally specifies the procedure to follow. The minimum time limit is always two years, but the collective agreement may provide for a longer period. The union has a duty to represent its members fairly and objectively (Art. 47.2 of the Labour Code).
If the person works for the public service not governed by a collective agreement, including members and managers of a public body, they may file a recourse with the Public Service Commission:
