Determine whether their situation warrants a complaint
There are several cases for which a complaint may be filed with the CNESST. Before doing so, Workers should first ensure that their situation truly warrants a complaint.
Workers may file a complaint if they:
- Believe that their rights (or the laws enforced by the CNESST) are not being respected in their workplace;
- Want to report a hazardous health and safety situation;
- Wish to challenge a contractual process;
- Are dissatisfied with the services provided (or not) by the CNESST;
- Wish to contest a temporary assignment or a CNESST decision.
Complaints may relate to:
- Labour standards: unpaid wages, unpaid overtime, unjustified dismissal, psychological or sexual harassment in the workplace, prohibited practices, etc.;
- Pay equity: missing or incorrectly conducted pay equity work, unpaid salary adjustments, etc.;
- Occupational health and safety: negative consequences for the employer (dismissal, suspension, reprisals, etc.) following a workplace injury, the exercise of a right recognized by the Act respecting industrial accidents and occupational diseases (AIAOD) or the exercise of a right recognized in the For a Safe Maternity Experience Program, etc.
Compensation fraud
Compensation fraud refers to dishonest behaviour either by a worker or employer in connection with a CNESST file. It involves a claim related to a work accident or occupational disease.
Here are a few examples of compensation fraud:
- Falsifying or misrepresenting a medical condition (false certificates, misleading medical reports, fraudulent invoices or documents);
- Working while receiving benefits without declaring them to the CNESST;
- Collusion between an employer and worker to enable the worker to receive benefits to which they are not entitled.
Before filing a complaint with the CNESST
All workers have the right to file a complaint against their employer or the CNESST. Although this process may seem complex, the CNESST offers online tools to guide workers through each step.
If a worker believes the situation warrants filing a complaint, here’s what they can do:
- Take note of all relevant details before filing the complaint, so that they can explain the purpose of it in detail;
- Prepare supporting documents in the event of a labour standards complaint (pay slips, work schedule or details of hours worked, record of employment or tax slips, etc.);
- Request a meeting with the employer, if possible, to clarify the situation and attempt to resolve the problem.
- If this approach is unsuccessful, they should file a complaint. Ensure they comply with the legal deadlines following the reason for their complaint.
Here are some sample questions asked on the online form:
- What happened?
- Are you a union member, i.e. a member of a trade union (association that oversees working conditions based on a collective agreement)?
- Are you represented by a parity committee, meaning that a decree governs your working conditions?
- Does your employer have an address in Quebec?
- Were you a member of an occupational health and safety committee in your business?
The online service is not intended to:
- Determine the amount of indemnities the employee may receive from their employer,
- Ensure beyond any doubt that your complaint will be accepted and handled by the CNESST,
- Ensure that a favourable decision will be
Deadlines for filing a complaint, depending on the reason for it
The Seasonal Agricultural Workers Program (SAWP), part of the TFWP, is based on bilateral agreements between Canada and certain countries:
Anguilla • Antigua and Barbuda • Barbados • Dominica • Grenada • Jamaica • Mexico • Montserrat – Saint Kitts and Nevis • Saint Lucia • Saint-Vincent and the Grenadines • Trinidad and Tobago
The agricultural stream of the Temporary Foreign Worker Program (TFWP) is more flexible, with no specific agreement, and allows the recruitment of foreign workers from several other countries.
Reason for complaint
Time limit for filing a complaint
Starting point of time limit
Source/Section(s) of law
Salary or unpaid amounts (including overtime, vacation, etc.)
1 year
Date when amount should have been paid
Act respecting labour standards Act (ALS), Art. 98 and Art. 99
Dismissal without just and sufficient cause (after 2 or more years of service)
45 days
Date of dismissal
LSA, Art. 124
Prohibited practice (reprisals, sanctions, etc.)
45 days
Date of incident or disputed decision
LSA, Art. 122 and Art. 123
Psychological or sexual harassment in the workplace
2 years
Last occurrence of harassment
LSA, Art. 81.19, 123.6 to 123.15
Disparity between workers in working conditions
1 year
Date on which the differential treatment became known
LSA, Art. 87.1 and following
Maintenance of employee status
“Reasonable period”
Date at which the employer changed the worker’s status
LSA, Art. 86.1
Reason for complaint
Time limit for filing a complaint
Starting point of time limit
Source/Section(s) of law
Initial exercise – Work not completed
At any time, regardless of business size
As soon as the deadline for the employer has expired
Initial exercise – Work not in compliance with the law
10-49 workers: Posting of the results of the audit
50-99 workers: If a Pay Equity Committee (PEC) has been constituted, complaint not possible/ Otherwise, filing between the 90th and 150th day after results are posted
+100 workers: Once a (compulsory) PEC has been set up, complaint not
Varies from case to case
Maintenance audit – Work not completed (complaint on the last audit)
Date of next maintenance audit
From new posting of results following correction request
Maintenance audit – Work not in compliance with the law
If the audit was carried out by a PEC: complaint not possible
Otherwise: filing between the 90th and 150th day after results are posted
Varies from case to case
Non-payment of pay adjustments
3 years
From the date on which adjustments should have been paid
Pay Equity Act (PEA), s. 99
Prohibited conduct (bad faith, arbitrary or discriminatory acts, gross negligence)
60 days
From the time of the alleged incident or from when the person became aware of it
PEA, s. 101
Reprisals (following a complaint or report)
30 days
From the date of the reprisals (e.g. dismissal, salary reduction, threats, etc.)
PEA, s. 107
Alleged wage discrimination despite exercise being completed (including businesses with fewer than 10 workers)
At any time
As soon as the worker/trade union becomes aware of it
Charter of Human Rights and Freedoms
Reason for complaint
Time limit for filing a complaint
Starting point of time limit
Source/Section(s) of law
Sanction related to an occupational injury or the exercise of a right (dismissal, suspension, transfer, discrimination, reprisal, penalty, reintegration refusal, PTSD)
30 days
From the time the person became aware of the act or sanction reported
Act respecting occupational health and safety (AOHS), 227
Act respecting industrial accidents and occupational diseases (AIAOD), 32
Complaint or report concerning a hazardous or risky situation related to health and safety (excluding injury)
30 days
From the incident in question
CNESST occupational injury claim
6 months
Depending on the event
LAIAOD, Art. 270
Right to refuse to work in a dangerous environment
Immediate
Depending on the event
AOHS, Art. 12 and Art. 13
Temporary right of refusal (mental health, distress caused by harassment)
Immediate
Depending on the event
AOHS/case law (must be justified by a health professional).
Failure to comply with prevention or hazard identification requirements
At any time
/
AOHS, s. 51 and following AOHS
