Filing a complaint with the CNESST
I In addition to informing the public about workers’ rights and obligations, the CNESST can receive complaints, conduct investigations when necessary, and provide indemnities in certain situations.
To file a complaint, the worker must:
1. Determine whether their situation warrants a complaint (See Determining whether your situation warrants a complaint and What to know before filing a complaint with the CNESST)
2. Prepare the necessary documents according to their situation. For all types of complaint, workers should gather all exchanges with the employer relating to the incident, either by e- mail, text message or instant message exchanged over social media. Specific evidence relating to the complaint must also be provided, such as pay slips, detailed work schedules, and records of employment in the case of a labour standards complaint.
File a complaint using the online tool:
The CNESST will then proceed as follows:
4. Analysis of the complaint, by contacting the worker to determine whether or not it is admissible. If the Commission is able to act on the complaint, it will contact both the worker and the employer to explain the applicable labour standards and determine whether the issue can be resolved amicably. If not, the CNESST may take further steps, such as launching an investigation. If the CNESST cannot act on the complaint, the worker has 30 days to request a review of the decision by completing the Request for Review of a Decision form.
The CNESST will in turn have 30 days to respond.
5. Offer of mediation services to help workers and employers reach an agreement. The parties are free to accept or reject mediation.
6. Conduct an investigation, if necessary, to verify the validity of the complaint. If this is the case, and no settlement is possible between the worker and the employer, the CNESST will, in the case of a wage-related complaint, send a claim to the employer, who will have ten days to pay. If the employer fails to pay within that period, the case will be transferred to the CNESST Legal Affairs Department.
7. If the complaint is transferred to the Legal Affairs Department, the person who filed the complaint may be represented free of charge by a CNESST lawyer, or by a lawyer of their choice at their own expense. If no settlement is reached, the parties will be heard by the judge.
Note that certain steps may vary depending on the reason for the complaint.
If the worker is unionized, their complaint cannot be handled by the CNESST, as the Act respecting labour standards does not apply to a person who is unionized or represented by a parity committee. Their union can then file a grievance on their behalf for a disagreement related to the collective agreement or a violation by the employer of a collective agreement.
Who should I contact to file a complaint?
To file a complaint or report a dangerous or hazardous situation, several channels are available.
Non-unionized workers subject to the Act respecting labour standards (including senior executives) may contact a CNESST on-duty inspector at : ☎ 1 844 838-0808, option 1.
Unionized workers should contact their union.
Public sector workers not covered by a collective agreement, including members and executives of public bodies, may contact the Public Service Commission ☎ 1 418 643-1425 (elsewhere in Quebec: ☎ 1 800 432-0432)
Mediation
In the event of a dispute between an employer and a worker, dialogue is encouraged. Mediation can help resolve conflicts without the need for legal proceedings.
Before filing a complaint, it is advisable to try to resolve the issue directly with the employer, whenever possible. Workers may request a meeting with their employer if they believe that one of their working conditions has not been respected.
In certain types of complaints, the CNESST will offer a mediation service between the parties involved to explore possible solutions:
- Prohibited practice
- Psychological or sexual harassment in the workplace
- Dismissal without just and sufficient cause •
- Pay equity dispute
- Occupational health and safety
Mediation stages:
- Contact. When a complaint is filed, a mediator contacts the parties. They are free to accept or reject mediation. •
- Preparation. If the parties agree, a meeting is arranged. They can prepare themselves by bringing along a checklist that summarizes the facts and suggests solutions.
- Meeting. The aim of the meeting is to re-establish communication and identify possible solutions.
- Conclusion. A settlement is reached or the complaint is transferred to the Administrative Labour Tribunal.
The CNESST provides the public with two publications containing more information on mediation in matters concerning
