Citizens sometimes consider government structure reorganizations as cause for headaches. However, those may also have clearly positive impacts, as we can see from this example.
Prior to January 1, when an instance of psychological harassment caused an employment injury, a worker could be involved in two proceedings, with distinct objects, but where the same witnesses were testifying on the same facts:
- one before the Commission des relations du travail (Labour Relations Board), to rule on the existence of psychological harassment under the Labour Standards Act;
- another before the Commission des lésions professionnelles, to rule on the existence of an employment injury under the Act Respecting Industrial Accidents and Occupational Diseases.
On January 1, 2016, the Administrative Labour Tribunal was created, with four divisions, including one on labour relations and one on occupational health and safety. This will allow joining the two above proceedings, which will then be heard by a single member of the Tribunal. This will save time by eliminating the need to repeat testimonies from one hearing to the other. Therefore, a single hearing will decide whether there was psychological harassment and whether it caused an employment injury.
Commentary by Jacques Bélanger from our Labour and Employment Law Group.