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Employees - Labour standards

Dismissal Without Good and Sufficient Cause

Hugo has been working for a large company for the past eight years. A few days ago, he had to miss work because of a minor car accident. This was the first time since he started at the company that he didn't show up for work. This morning, his boss told him he was fired because of this incident! Hugo is wondering if his boss has the right to do this, as it seems like a very severe punishment...

In this Infosheet, Éducaloi explains the law governing dismissal without good and sufficient cause.

What conditions must I satisfy to be able to file a complaint against dismissal without good and sufficient cause?

In order to benefit from this provision, you must:

• be an employee as defined in the Act respecting labour standards (consult the Infosheet entitled Labour standards in Quebec   (http://www.educaloi.qc.ca/en/loi/employees/91/)for details);
  
• have completed 2 years of uninterrupted service in the same company;
  
• have been dismissed;
  
• have no other recourse available, whether under another law, a collective agreement or an individual employment contract.

Where and when should I file my complaint if I believe I have been fired without just and sufficient cause?

You must mail or deliver a written complaint to the Commission des normes du travail within 45 days of your dismissal.

If you decide to mail it, it is generally recommended that you send it by registered mail for greater speed and reliability.

The 45-day time limit is calculated in calendar days, including Saturdays and Sundays, as of the day you are dismissed. The day you were dismissed does not count, but the last day does. If the last day is a holiday, Saturday, Sunday, the 26th of December or the 2nd of January, you will have until the following day to file your complaint.

For more information on your own complaint and on the formalities of filing it, we recommend that you contact the Labour Standards Commission directly.

What will happen once I have filed my complaint?

First of all, the Commission des normes du travail will check to make sure your complaint is within its area of responsibility. If it isn’t, the Commission will inform you in writing that it is denying your application and will give you its reasons for doing so. At this point, you may ask in writing for a review of this decision by the Director of Legal Affairs of the Commission des normes du travail within 30 days.

If your complaint is accepted, the Commission will also inform you of this in writing. It will tell the employer that a complaint for wrongful dismissal has been made and will designate a person to offer a mediation service to both parties. If you and your employer agree to mediation, the Commission can choose a person who will try to resolve the complaint to the satisfaction of each of you. This person is called a mediator. All the verbal or written information collected by the mediator will remain confidential.

The Commission des normes du travail can ask your employer to write down the reasons for firing you. You can then ask the Commission for a copy of this document.

If you don’t come to an agreement with your employer during mediation, the Commission sends your complaint to the Commission des relations du travail, which will then hear your case.

What will I have to prove at the hearing?

A hearing before the Commission des relations du travail resembles what happens in a regular court.

You must prove that you fulfill the 4 conditions required (Consult the question: What conditions must I satisfy to be able to file a complaint of dismissal without good and sufficient cause?) to be able to use the recourse against dismissal without good and sufficient cause. Remember that the employer is able to disagree with you on the facts of the case.

Once these conditions are established, it’s up to your employer to justify the decision to end your employment contract. The employer must prove that you were fired for a good and sufficient cause (for example: insubordination, incompetence, violation of trust, etc.).

What will happen if the Commission des relations du travail decides in my favour?

If it is determined that you have been dismissed without good and sufficient cause, the Commission has the power to make any decision that it deems just and reasonable. It can:

• order your employer to reinstate you to your position;
  
• order your employer to pay you an indemnity equivalent to the salary and benefits that you would have normally earned had you not been dismissed. Any income you may have collected will be deducted from the indemnity, with the exception of employment insurance and income security benefits;
  
• render any other decision that seems fair and reasonable to him; for example, rather than dismissing you, he may order your employer to impose a less severe penalty, a disciplinary warning or a suspension for a length of time of his choosing;
  
• award damages instead of reinstatement;
  
• award moral damages;
  
• award legal costs;
  
• order your employer to draft a reference letter;
  
• order your employer to remove certain documents from your employee record;
  
• order the payment of interest on the amounts you are owed.

Can I contest the decision made by the Commission des relations du travail?

In general, the Commission's decision is final and cannot be appealed. However, your employer may be able to contest the decision in the Superior Court if he can show that the Commission did not have the right to hear the case, that the Commission overstepped its powers or that the employer did not get from an impartial hearing.

The employee can also contest the decision in the same way.

What can I do if my employer refuses to respect the decision of the Commission des relations du travail?

Within 12 months of the date of the Commission's decision, you can ask to have a certified copy of it filed with the clerk of the Superior Court in the district where your former employer's business is located. This makes it possible to have the decision forcibly executed. After this deposit, if the employer still refuses to respect the judgment, she may be fined for every day the execution is late.

In addition, if the Commission ordered your employer to pay you an indemnity, you can begin forced execution proceedings after depositing the copy of the decision with the clerk.

I was dismissed for exercising a right given to me by the Act respecting labour standards. I have been told that I have recourse for prohibited practices. Can I also file a complaint for dismissal without good and sufficient cause?

Yes, in some cases this is possible. For example, Dany complained to the Commission des normes du travail because his employer refused to pay him overtime. His employer didn’t like this and fired him. Dany has two recourses against his employer:

• a recourse for a prohibited practice;
  
• a recourse for dismissal without good and sufficient cause (if he satisfies all the conditions explained above).

There are several cases in which a person can use the recourse for prohibited practices. To learn more, consult our Infosheet entitled Prohibited reasons for firing and imposing sanctions  (http://www.educaloi.qc.ca/en/loi/employees/326/).

Useful Links :

1. Website of the Commission des normes du travail  [http://www.cnt.gouv.qc.ca]