Back to the list

Camille Beausoleil

Lawyer

Barreau du Québec 2023

Camille Beausoleil

Camille Beausoleil

Lawyer

Barreau du Québec 2023

Phone number

450 973-4020 #276

Email address

[email protected]

Ms. Beausoleil devotes her practice to occupational health and safety, in collaboration with the members of our team who work in this field. She holds a bachelor's degree in law from the Université du Québec à Montréal, and has been a member of the Quebec Bar since 2023, following an internship with the Tribunal administratif du travail. Since joining our team in the fall of 2023, Ms. Beausoleil has shown a keen interest in legal research, in addition to supporting her peers in strategic case analysis. She also contributes to our newsletter Gestion Plus.

Academic training
  • Université du Québec à Montréal - LL. B. - 2023
Professional Affiliations
  • Member of Barreau du Québec (2023)
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Serge Benoît

Lawyer

Barreau du Québec 1977

Serge Benoît

Serge Benoît, LL.L., CIRC, Adm.A.

Lawyer

Barreau du Québec 1977

Phone number

450 973-4020 #251

Email address

[email protected]

Assistant

Francine Lauzon
450 973-4020 #279
[email protected]

Serge Benoît is a partner-owner in the firm who has extensive experience as a litigator and negotiator. His practice benefits employers in various fields including manufacturing, metallurgy, municipalities, retail, cement manufacturing, service organizations, and public and parapublic organizations. During the implementation of the Act Respecting Municipal Territorial Organization dealing with municipal mergers, Mr. Benoît acted as a legal advisor, attorney and negotiator in labour relations on behalf of various major cities.

2024 LEXPERT-ranked Lawyer

Academic training
  • Université de Montréal - LL.L. - 1976
Professional Affiliations
  • Member of the Barreau du Québec
  • Member of the Ordre des administrateurs agréés du Québec
  • Member of the Canadian Bar Association - National Labour and Employment Law Section
  • Member of the American Bar Association - Section of Labour and Employment Law
  • Member of the Canadian Association of Counsel to Employers (CACE)
  • Member of the Ordre des conseillers en ressources humaines agréés
  • Member of the Association des gestionnaires en ressources humaines des municipalités du Québec
Involvement / Outreach

Nominations

  • Martindale-Hubbell® Peer Review Ratings™ since 2018 – Distinguished
  • Lifetime Governor of the Fondation du Barreau du Québec
  • Recommended by Canadian Legal Lexpert Directory since 2018
  • Selected by his peers for inclusion in The Best Lawyers in Canada in the practice area of Labour and Employment Law since 2016

 

Community involvement

  • Member of the Board of directors of the Saint Joseph's Oratory of Mount-Royal
  • Member of the Board of directors of Collège Jean-Eudes
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Linda Bernier

Paralegal
Linda Bernier

Linda Bernier, B.Sc., CIRC

Paralegal

Phone number

450 973-4020 #238

Email address

[email protected]

Ms. Bernier joined our firm in 2002 as a researcher and writer. She has over 35 years of practical research experience in the fields of labour and employment law, and occupational health and safety. She is co-author of Les mesures disciplinaires et non-disciplinaires dans les rapports collectifs du travail and numerous other works. Editor-in-chief of our Gestion Plus and G+ Éducation newsletters, and responsible for the design and development of our training workshops, she is a key reference on case law trends.

Academic training

Université de Montréal - Bachelor's degree in Industrial Relations - 1993

Professional Affiliations
  • Member of the Ordre des conseillers en ressources humaines agréés
Involvement / Outreach

 Community involvement

  • Member of the Board of directors of La Rose Bleue, association providing adult day activities for disabled persons with intellectual disabilities, and to promote their integration in their community at the social level and in education, work and leisure from 2020 to 2023

 

Other publications

  • Pour un retour au travail sans dérapage, co-author with Marie-Josée Sigouin, Effectif, le magazine de l'Ordre des conseillers en ressources humaines agréés, Volume 11, 2008 #2, April/May
  • Gérer les problèmes de santé mentale au travail: un must pour maintenir une bonne performanceco-author with Marie-Josée Sigouin, Effectif, le magazine de l'Ordre des conseillers en ressources humaines agréés, Volume 17, 2014 #3, June/July/August 
  • Naviguer entre les obligations de civilité et de loyauté et l’immunité syndicale, co-author with Danilo Di Vincenzo, Arbitrage de griefs – Deuxième colloque, Collection Blais, vol. 20, 2014, Éditions Yvon Blais, page 1
  • La ligue nationale de hockey et le Club de hockey Canadien sur la patinoire de la Commission des relations du travail, Perspective en droit du travail et de l'emploi / Perspectives, November 12, 2012
  • Enquêtes en milieu de travail: particularités des enquêtes préembauches au Québec, Perspective en droit du travail et de l'emploi / Perspectives, February 2012
  • Consommation, abus et dépendances: leur influence sur l’indemnisation par la CSST et l’imputation des coûts, co-author with Geneviève MercierDéveloppements récents en droit de la santé et sécurité du travail, 2011, Éditions Yvon Blais, page 211
  • Les mesures disciplinaires et non disciplinaires dans les rapports collectifs du travail, co-author with Guy Blanchet, Lukasz Granosik and Éric Séguin. Éditions Yvon Blais, 2000. Participates and coordinates the update of this work three times a year
  • Les droits de la personne et les relations du travail, co-author with Lukasz Granosik and Jean-François Pedneault, Éditions Yvon Blais, 1997


Previous implications

  • President of the Board of directors of the Fondation Paul Tex Lecor, whose mission is to promote the arts among students of an elementary school - 2009 - 2012
  • Member of the Board of directors of École des Hauts-Bois (elementary school of the Commission scolaire des Affluents) during the school years 2005 - 2006 and 2006 - 2007
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Dominique Bougie

Lawyer

Barreau du Québec 2014

Dominique Bougie

Dominique Bougie

Lawyer

Barreau du Québec 2014

Phone number

450 973-4020 #236

Email address

[email protected]

Assistant

Maude Thibault-Laroche
450 973-4020 #257
[email protected]

Ms. Bougie devotes her practice to labour relations cases. Her experience enables her to represent both public and private sector clients before administrative and common law tribunals, as well as to participate in the negotiation of collective agreements, the drafting of employment contracts, specific termination agreements, and non-disclosure, non-solicitation and non-competition clauses. Dominique is also called upon to answer a wide range of legal questions, including the interpretation of collective agreements and the imposition of disciplinary sanctions.

Academic training

Université de Montréal- LL.B. - 2013

Professional Affiliations
  • Member of Barreau du Québec (2014)
  • Member of Barreau de Laval
  • Member of Canadian Bar Association
  • Member of Chamber of Commerce and Industry Les Moulins
Involvement / Outreach
  • Professor in labour law at the École du Barreau du Québec (Montreal and Gatineau) in 2021 and 2022
  • Vaincre le harcèlement au travail : changements et conséquences, published in the magazine of the Association des ingénieurs du Québec, Contact Plus, NE 107, Winter 2019
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Marlène Boulianne

Lawyer

Barreau du Québec 2011

Marlène Boulianne

Marlène Boulianne, LL.B., CIRC

Lawyer

Barreau du Québec 2011

Phone number

(450) 973-4020 #246

Email address

[email protected]

Assistant

Christine Lévesque
(450) 973-4020 #239
[email protected]

Ms. Boulianne has been an occupational health and safety lawyer at Le Corre since 2019. She has more than 20 years of experience in the field with a clientele of employers in all sectors of activity. Passionate and pragmatic, she practices in prevention as well as in compensation and financing of occupational health and safety plans. She accompanies our clients from the filing of a claim to representation before the Administrative Labour Tribunal, including all stages of the medical and administrative management of an injury.

Academic training
  • Université du Québec à Montréal - LL.B. 2010
Professional Affiliations
  • Member of the Barreau du Québec
  • Member of the Ordre des conseillers en ressources humaines agréés
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Danilo Di Vincenzo

Lawyer

Barreau du Québec 1999

Danilo Di Vincenzo

Danilo Di Vincenzo, B.A., LL.B., CIRC

Lawyer

Barreau du Québec 1999

Phone number

450 973-4020 #230

Email address

[email protected]

Assistant

Joanie Perron
450 973-4020 #262
[email protected]

Danilo Di Vincenzo is a partner-owner in the firm. He started his career in the Legal Services department of the Commission des normes du travail (now CNESST), where he acquired valuable hands-on experience. He counsels and represents employers, particularly, in matters of grievance arbitration and collective bargaining. Mr. Di Vincenzo was trained in the Harvard Negotiation Program focusing on interest-based bargaining and conflict resolution. He is also a legal instructor, lecturer and regular contributor to our various publications and teaches labour law at the École du Barreau.

 

Academic training
  • Harvard University - Executive Education Seminars - Program on Negotiation for Senior Executives - 2009 - Negotiating Labor Agreements - 2005
  • Université du Québec à Montréal - LL.B. - 1998
  • McGill University - B.A. Industrial Relations - 1995
Professional Affiliations
  • Member of the Barreau du Québec
  • Past President of the Labour and Employment Law Section of the Quebec branch of the Canadian Bar Association
  • Member of the National Labour and Employment Law Section of the Canadian Bar Association
  • Member of the Section of Labour and Employment Law of the American Bar Association
  • Member of the Canadian Association of Counsel to Employers (CACE)
  • Member of the Ordre des conseillers en ressources humaines agréés
  • Member of the College of Labor and Employment Lawyers
Involvement / Outreach
  •  Labour law teacher at École du Barreau du Québec since 2013

 

Nominations

  • Selected by his peers for inclusion in  The Best Lawyers in Canada in the practice areas of Labour and Employment Law, Education Law and Administrative and Public Law since 2022

 

Other publications

  • Naviguer entre les obligations de civilité et de loyauté et l’immunité syndicale, co-author with Linda Bernier, Arbitrage de griefs – Deuxième colloque, Collection Blais, Vol. 20, 2014, Éditions Yvon Blais, page 1
  • La ligue nationale de hockey et le Club Canadien sur la patinoire de la Commission des relations du travail, Perspective en droit du travail et de l'emploi / Perspectives, November 2012
  • Enquêtes en milieu de travail: particularités des enquêtes préembauches au Québec, Perspective en droit du travail et de l'emploi / Perspectives, February 2012

 

Community involvement

  • Member of the Board of directors of Fondation Maxime-Letendre
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Lydia Fournier

Lawyer

Barreau du Québec 2003

Lydia Fournier

Lydia Fournier, B.C.L., LL.B.

Lawyer

Barreau du Québec 2003

Phone number

450 973-4020 #234

Email address

[email protected]

Assistant

Christine Lévesque
450 973-4020 #239
[email protected]

Ms. Fournier is a partner-owner in the firm. She counsels and represents our clients before administrative and civil courts in matters pertaining to disciplinary measures, complaints to the CNESST, grievance arbitration, charter-related issues, psychological harassment claims and occupational health and safety matters. She previously worked for an organization where she gained extensive expertise in labour law in the field of education. Author, speaker and trainer, she co-directs our training department. Ms. Fournier has been listed in the Best Lawyers directory since 2023.

Academic training
  • McGill University - B.C.L., LL.B. - 2001
  • University of Salamanca, Spain - Degree in Spanish - 1997
Professional Affiliations
  • Member of the Barreau du Québec
  • Member of the Canadian Association of Counsel to Employers (CACE)
Involvement / Outreach

 

Nomination

  • Selected by his peers for inclusion in The Best Lawyers in Canada, Edition 2023, in the practice area of Labour and Employment Law 

Conferences and trainings


Other publications

  • Cross Canada Labour Law Update - Recent Developments in Québec Labour Law -  2014 Convention of the Canadian Association of Counsel to Employers (CACE)
  • Obération injuste dans le cas de contribution majoritaire d'un tiers: l'affaire ministère des Transports et son influence - Développements récents en santé et sécurité du travail, Éditions Yvon Blais - Barreau du Québec, Volume 303, 2009
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Antoine Gagnon

Lawyer

Barreau du Québec 2020

Antoine Gagnon

Antoine Gagnon, LL.B.

Lawyer

Barreau du Québec 2020

Phone number

450 973 4020 #284

Email address

[email protected]

Assistant

Patricia Lussier
450 973-4020 #241
[email protected]

Mr. Gagnon practices labour and employment law and is called upon to collaborate with the members of the team on various files, in addition to contributing to the writing of our Gestion Plus newsletter. Holder of a Bachelor's degree in Law from the Université de Montréal, during which he had the opportunity to work as a student researcher at the Court of Appeal with the Honourable Marie-Josée Hogue, he was admitted to the Quebec Bar in 2020. Prior to his legal studies, Mr. Gagnon also completed a Bachelor's degree in Criminology and worked in this field for a few years before starting his legal studies.

Academic training
  • Université de Montréal – LL.B. – 2019
  • Université de Montréal – B. Sc. – 2014


Distinction

  • 2019 Undergraduate Honor Roll
Professional Affiliations
  • Member of the Barreau du Québec
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Alain Gascon

Lawyer

Barreau du Québec 1976

Alain Gascon

Alain Gascon, LL.L.

Lawyer

Barreau du Québec 1976

Phone number

450 973-4020 #237

Email address

[email protected]

Assistant

Annie Vorobief
450 973-4020 #233
[email protected]

Mr. Gascon is a partner in our firm. His extensive experience as a litigator and negotiator benefits employers in various industries, including: manufacturing, municipalities, retail, service firms and public and parapublic agencies. More specifically, as a litigator, Mr. Gascon has represented employers for over 40 years before grievance arbitrators, administrative judges, as well as the courts.

His varied clientele has allowed him to develop an expertise in multiple industries. 

Professional Affiliations
  • Member of the Barreau du Québec
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Benoît Labrecque

Lawyer

Barreau du Québec 1996

Benoît Labrecque

Benoît Labrecque, B.A., LL.B.

Lawyer

Barreau du Québec 1996

Phone number

450 973 4020 #227

Email address

[email protected]

Assistant

Christine Lévesque
(450) 973-4020 #239
[email protected]

Mr. Labrecque devotes his practice exclusively to the field of occupational health and safety. After obtaining his bachelor's degrees in Political Sciences and Legal Sciences from the Université du Québec à Montréal, he worked for almost 8 years for himself in commercial and labour law. In 2004, after joining a union as a litigator in the field of health and safety at work, he joined the legal team of a prevention mutual where he defends the employers' interests in the construction industry with respect to injury claims. compensation and imputation, and finally prevention, inspection and criminal law in this area. In the spring of 2017, he joined the legal team of a Canadian corporation where, for 2 years, he put his knowledge to the benefit of the group's mutual companies. In addition to contributing to our Gestion Plus newsletter, he provides advice and representation support to our clients before the Tribunal administratif du travail.

Academic training
  • Université du Québec à Montréal - LL.B. - 1996
  • Université du Québec à Montréal - B. A. in Political Sciences
Professional Affiliations
  • Member of the Barreau du Québec
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Marc Lapointe

Lawyer

Barreau du Québec 1982

Marc Lapointe

Marc Lapointe, LL.B., J.D.

Lawyer

Barreau du Québec 1982

Phone number

450 973-4020 #243

Email address

[email protected]

Assistant

Joanie Perron
450 973-4020 #262
[email protected]

Marc Lapointe has extensive experience in labour law and uses his expertise to advise and represent employers in litigation before civil and administrative tribunals, including grievance adjudicators and the TAH (complaints under sections 122 et seq. of the LSA, eligibility, imputation, consolidation, right to refuse under the AIAOD). He also acts as labour relations counsel on issues such as the negotiation of collective agreements and essential services, harassment, duty to accommodate, abolition of positions, termination of employment and Charter of Rights and Freedoms issues.

He acts as a trainer and contributes to our various publications.

 

Academic training
  • Université de Sherbrooke - LL. B. - 1980
Professional Affiliations
  • Member of the Barreau du Québec
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Reine Lafond

Lawyer

Barreau du Québec 1993

Reine Lafond

Reine Lafond, Ad. E., CIRC

Lawyer

Barreau du Québec 1993

Phone number

450 973-4020 #254

Email address

[email protected]

Assistant

Melanie Frangiosa
450 973-4020 #264
[email protected]

Reine Lafond is a partner-owner in the firm. As head of our occupational health and safety department, she works exclusively in this field. Her cutting-edge expertise was honed from her early career in the CSST’s legal department (now CNESST). Ms. Lafond provides our clients with strategic support and advice, and she represents them before the courts and administrative tribunals, including the Tribunal administratif du travail (TAT). She defends our clients' interests in matters related to employment injury compensation, financing of the CNESST's compensation regime (scheme) and prevention-inspection programs. An accomplished lecturer and instructor, she sits on various committees involved in health and safety, just as she is the author of several publications in this specialized field. Ms. Lafond was awarded the distinction of Advocatus Emeritus by the Quebec Bar in 2022, notably for the excellence of her professional career.2024 LEXPERT-ranked Lawyer

Academic training
  • Université de Montréal -  LL.B. - 1992
Professional Affiliations
Involvement / Outreach

 Nominations

  • Selected by her peers for inclusion in The Best Lawyers in Canada, in the practice area of Worker's Compensation Law, since 2022
  • Recommended by Canadian Legal Lexpert Directory:
         -  Worker's Compensation, since 2013
         -  Occupational Health and Safery, since 2022

 

Specialized Committees

  • Member of the Comité SST of the Fédération des chambres de commerce du Québec, since 2016
  • Member of the employers' association of the Comité technique sur la réparation (3.73) of the Board of directors of the CSST (now the CNESST), since 2015
  • President of the organizing committee of the annual seminar of the Formation continue of the Barreau du Québec on Développements récents en droit de la santé et sécurité du travail, since 2016 (co-presidency in 2015 and member of the committee, since 2004)
  • Member of the advisory committees ad hoc of Conseil du patronat du Québec, since 2004

 

Community involvement

  • President of  the Board of directors of the Fondation scolaire de Laval - 2017-2020
  • Member of the Board of directors of the Fondation scolaire de Laval - 2013-2017

 

Publications

  • La diligence raisonnable, vous connaissez ? Gestion Plus – Editorial, Éditions Yvon Blais, September 2022
  • Modernisation du régime de santé et sécurité du travail : quelques conseils, Gestion Plus – Editorial, Éditions Yvon Blais, March 2022
  • La Covid-19 : la peur et l’indemnisation des lésions psychologiques par la CNESST, Gestion Plus – Santé et sécurité en vrac, Éditions Yvon Blais, June 2020
  • Harcèlement psychologique : le point sur la jonction des recours devant le TAT, Gestion Plus – Santé et sécurité en vrac, Éditions Yvon Blais, May 2018
  •  L’arrêt Caron et les défis à venir, Gestion Plus – Éditorial, Éditions Yvon Blais, March 2018
  • L’emploi convenable et la Charte : la Cour d’appel tranche ! Gestion Plus – Santé et sécurité en vrac, August 2015
  •  Adoption de nouvelles politiques par la CSST : comment réagir ? Gestion Plus – Santé et sécurité en vrac, June 2015
  • Réussir sa conciliation à la C.L.P. : mode d’emploiReine Lafond, Stéphanie Laurin and Karine Perrin, Collection Le Corre en bref volume 9, Éditions Yvon Blais, 2014, 207 pages
  • Réduire les coûts des lésions professionnelles par l’assignation temporaire : Mode d’emploi, Reine Lafond, Geneviève Mercier and Karine Perrin, Collection Le Corre en bref volume 8, Éditions Yvon Blais, 2011, 187 pages
  • L’inspecteur de la C.S.S.T. et vos politiques sur le harcèlement : des pouvoirs encore plus élargis, Gestion Plus – Éditorial, Éditions Yvon Blais, August 2010
  • Documenter un dossier d’audience à la CLP : Mode d’emploi, Reine Lafond and Stéphanie Laurin, Collection Le Corre en bref volume 6, Éditions Yvon Blais, 2009, 224 pages
  • La santé et sécurité du travail : une valeur à intégrer, Gestion Plus – Éditorial, Éditions Yvon Blais, February 2009, in collaboration with Mr. Régis Tremblay
  • Réduire ses cotisations de la CSST par transferts et partages de coûts: Mode d’emploi, Reine Lafond, Mylène Lussier and Geneviève Mercier, Collection Le Corre en bref volume 5, Éditions Yvon Blais, 2008, 182 pages
  • Comment la CSST financera-t-elle les coûts non imputés (CNI) ? Gestion Plus – Éditorial, Éditions Yvon Blais, June 2008, in collaboration with Mr. Marc-André Laliberté
  • L’évanouissement au travail : le point sur l’indemnisation des blessures qui en résultent et l’imputation des coûts associés, Gestion Plus – Santé et sécurité en vrac, Éditions Yvon Blais, March 2008
  • La surdité: s’entendre sur ce qui est professionnel et ce qui ne l’est pas, Gestion Plus – Santé et sécurité en vrac, Éditions Yvon Blais, April 2007
  • Lésions professionnelles : Contrôle de l’abus et des coûtsTout ce que l’employeur doit savoirReine Lafond, Catherine Bergeron et Marc-André Laliberté, Éditions Yvon Blais, 2006, 251 pages
  • Le harcèlement psychologique : Tout ce que l’employeur doit savoir, Reine Lafond, Jacques Provencher and Linda Bernier, Éditions Yvon Blais, 2004, 315 pages
  • Le harcèlement psychologique :  un lien à faire entre les décisions de la CSST et les nouveaux articles de la Loi sur les normes, Gestion Plus – Santé et sécurité en vrac, Éditions Yvon Blais, January 2004 
  • Le devoir d’accommodement envers le travailleur victime de lésion professionnelle, nature et limites, Gestion Plus – Éditorial, Éditions Yvon Blais, June 2003
  • Quand la conciliation à la C.L.P. mène au litige : revue jurisprudentielle portant sur l’existence d’un règlement hors cour, co-author with Me Stéphanie Laurin, Développements récents en droit de la santé et sécurité au travail 2015, Service de la formation continue du Barreau du Québec, volume 394, Éditions Yvon Blais, 2015, page 71
  • Indemnisation des lésions professionnelles : un accès de plus en plus facile!, Perspective en droit du travail et de l’emploi, Bulletin de la section nationale du droit du travail et de l’emploi, Association du Barreau Canadien, February 2013
  • Transfert de coûts : l’étau se resserre pour les enjeux financiers de moindre importance, Gestion Plus – Santé et sécurité en vrac, Éditions Yvon Blais, November 2012
  • L’assignation temporaire : une mesure incontournable dont tout le monde profite, Effectif, le magazine de l’Ordre des conseillers en ressources humaines agréés, September-October 2012, page 28
  • La notion d’événement imprévu et soudain sous la loupe, Effectif, le magazine de l’Ordre des conseillers en ressources humaines agréés, April-May 2010, page 36
  • La filature 10 ans après Bridgestone/Firestone : admissibilité devant la CLP, utilité et conséquences, Développements récents en droit de la santé et sécurité au travail 2010, Service de la formation continue du Barreau du Québec, volume 318, Éditions Yvon Blais, 2010, page 189
  • Le droit au retour au travail : examen pratique de ses paramètres d’exercice, co-author with Me Stéphanie Laurin, Développements récents en droit de la santé et sécurité au travail 2003, Service de la formation permanente du Barreau du Québec, volume 183, Éditions Yvon Blais, 2003, page 61
  • L’indemnisation des lésions psychologiques liées au travail : dernières tendances..., Développements récents en droit de la santé et sécurité au travail 1997, Service de la formation permanente du Barreau du Québec, volume 86, Éditions Yvon Blais, 1997, page 245

 

Conferences

  • May 1st, 2022 : CNESST : S’outiller et s’informer – 10 pratiques gagnantes pour optimiser la gestion des lésions professionnelles – conference for the annuel convention of l’Association des Ressources Intermédiaires d’Hébergement du Québec
  • May 29, 2019 : La filature dans le cadre d’une lésion professionnelle : Examen pratique des balises à respecter, conference organized by Les Éditions Yvon Blais to employers's managers
  • Le travailleur négligent et la LATMP: examen pratique de la jurisprudence en matière d’admissibilité et d’imputation des coûts, Comité Inter-Entreprises du Montréal Métropolitain (CIEMM), February 13, 2015
  • L’inspecteur de la CSST, son cadre d’intervention et les conséquences, Corporation des services d’ambulance du Québec (CSAQ), November 19 and 20, 2014
  • L’indemnisation des lésions psychologiques des techniciens ambulanciers paramédics par la CSST, Corporation des services d’ambulance du Québec (CSAQ), November 19 and 20, 2014
  • Plaider la négligence du travailleur? Pourquoi pas, sauf que…, Centre patronal de santé et sécurité du travail du Québec (CPSST), June 6 and 13, 2014
  • Réclamation pour lésion psychologique : comment s’opposer à l’indemnisation par la CSST?  Webinar broadcast by Éditions Yvon Blais inc., November 22, 2013
  • Analyse pratique de cas d’intérêt, Conseil du patronat du Québec (CPQ) - Conference intended to members from employer associations sitting on the Commission des lésions professionnelles, April 25, 2014
  • Splendeurs et misères de l’assignation temporaire, Association des professionnels en santé au travail (APST) : Travailler en santé : mission possible!, May 3, 2012
  • Étude de cas complexes, Conseil du patronat du Québec (CPQ) - Conference intended to members from employer associations sitting on the Commission des lésions professionnelles, 20 avril 2012
  • Gestion des lésions psychologiques : de la théorie à la pratique, Regroupement de réseaux en santé des personnes au travail (RRSPT), June 3, 2010
  • Maitrisez l’imputation pour réduire vos cotisations, Fédération des commissions scolaires du Québec (FCSQ), May 18 and 19, 2010
  • La filature 10 ans après Bridgestone/Firestone : admissibilité devant la CLP, utilité et conséquences, Développements récents en droit de la santé et sécurité du travail de la Formation continue du Barreau du Québec, April 16, 2010
  • Consommation, abus et dépendances : leur impact sur l’indemnisation par la CSST, Association des professionnels en santé au travail (APST): Les dépendances en milieu de travail, nouvelles réalités et perspectives, April 14, 2010
  • CSST: maîtrisez l’imputation pour réduire vos cotisations, Ordre des conseillers en ressources humaines agréés (ORHRI), February 19, 2010
  • Tout ce que l’employeur doit savoir en cas de pandémie, Ordre des conseillers en ressources humaines agréés (ORHRI), May 11, 2006
  • Santé et sécurité du travail et mesures disciplinaires, Fédération des Commissions scolaires du Québec (FCSQ), May 3 and 4, 2006
  • Harcèlement et droit de gérance : où est la frontière?, Regroupement des professionnels en ressources humaines de Laval, April 28, 2004
  • Le droit au retour au travail : examen pratique de ses paramètres d’exercice, Développements récents en droit de la santé et sécurité du travail de la Formation permanente du Barreau du Québec, February 7, 2003
  • Le droit au retour au travail : examen pratique de ses paramètres d’exercice, Conseil du patronat du Québec (CPQ) - Conference intended to members from employer associations sitting on the Commission des lésions professionnelles, December 6 and 13, 2002

 

Previous involvements

  • Member representing employers for the technical repair committee (3.73) of the Conseil d’Administration de la CSST/CNESST - 2015-2016
  • Teacher at École du Barreau du Québec – 2005-2012
  • Member of the Disciplinary committee of the Barreau du Québec – 2007-2013
  • Member of the Board of directors of the Comité Inter-Entreprises du Montréal Métropolitain (CIEMM) - 2003-2009
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Marc-André Laroche

Lawyer

Barreau du Québec 1984

Marc-André Laroche

Marc-André Laroche, LL.B., D.E.Sp., CIRC

Lawyer

Barreau du Québec 1984

Phone number

450 973-4020 #231

Email address

[email protected]

Assistant

Francine Lauzon
450 973-4020 #279
[email protected]

Marc-André Laroche is a partner-owner in the firm. Since the beginning of his career, Mr. Laroche’s practice has focused exclusively on labour and employment law issues. As such, he counsels and represents companies of all sizes in various economic sectors, both before administrative tribunals and courts of law. He is also an author, lecturer and legal instructor on several hot topics in labour and employment law.


Academic training
  • Université de Montréal - LL.B. – 1983
  • Université de Montréal - D.E.Sp. Labour law - 1987
Professional Affiliations
  • Member of the Barreau du Québec
  • Member of the Canadian Bar Association – National Labour and Employment Law Section
  • Member of the Canadian Association of Counsel to Employers (CACE)
  • Member of the Ordre des conseillers en ressources humaines et en relations industrielles agréés du Québec
Involvement / Outreach

 Nominations

  • Selected by his peers for inclusion in The Best Lawyers in Canada in the practice area of Labour and Employment Law since 2021

 

Conferences and trainings 

  • Gestion moderne de la discipline et du congédiement, Commission des services juridiques, November 4, 2015
  • Contrat de travail ou contrat d'entreprise? Comment déterminer la véritable nature d'une relation contractuelle et ses conséquences, Fédération des établissements d'enseignement privés (FEEP), April 23, 2015
  • Gestion moderne de la discipline et du congédiement, Chambre de commerce de l'industrie de Thetford Mines, April 16, 2014
  • Rédaction d'un contrat de travail, Association québécoise des pharmaciens propriétaires (AQPP), November 29, 2013
  • De l'embauche à la fin d'emploi, Rassemblement des garderies privées du Québec, November 16, 2013
  • Gestion moderne de la discipline et du congédiement, Mutuelle de formation des entreprises d'insertion du Québec, March 21, 2013
  • Initiation au droit,  Association des trésorières et trésoriers des instituts religieux (ATTIR), April 5, 2011

Previous involvements

  • Secretary - Conseil du Barreau de Laval - 1994 – 1997
  • Counsel - Conseil du Barreau de Laval - 1993 – 1994
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Stéphanie Laurin

Lawyer

Barreau du Québec 2001

Stéphanie Laurin

Stéphanie Laurin, LL.B.

Lawyer

Barreau du Québec 2001

Phone number

450 973-4020 #226

Email address

[email protected]

Assistant

Melanie Frangiosa
450 973-4020 #264
[email protected]

A partner in the firm, she has specialized in occupational health and safety law for more than 20 years. Stéphanie Laurin assists, advises and represents our clients before administrative and judicial tribunals, in matters of compensation for occupational injuries, financing of the plan, and prevention and inspection. She provides employers with innovative and pragmatic solutions to help them achieve their business objectives. She also contributes to our newsletter Gestion Plus as well as to our various books, publications, conferences and training sessions.

Academic training
  • Université de Montréal - LL.B. - 2000
Professional Affiliations
  • Member of the Barreau du Québec
  • Member of the Canadian Association of Counsel to Employers (CACE) 
Involvement / Outreach

Specialized committee

  • Member of the Comité consultatif du Barreau on health and safety

 

Other publications

  • Quand la conciliation à la CLP mène au litige: revue jurisprudentielle portant sur l'existence d'un règlement hors cour, co-author with Reine Lafond , Développements récents en droit de la santé et sécurité du travail 2015, Service de la formation permanente du Barreau du Québec, volume 394, Éditions Yvon Blais, 2015, page 71
  • Le droit au retour au travail : examen pratique de ses paramètres d’exercice, co-author with Reine Lafond, Développements récents en droit de la santé et sécurité au travail 2003, Service de la formation permanente du Barreau du Québec volume 183, Éditions Yvon Blais, 2003, page 61


Conferences and trainings

  • Une filature d'employé selon les règles de l'art, annulal seminar of the Association des avocats et avocates de province, Magog, September 23, 2016
  • Quand la conciliation à la CLP mène au litige: revue jurisprudentielle portant sur l'existence d'un règlement hors cour, conference of the Service de la formation permanente du Barreau du Québec, Quebec January 30, 2015 and Montreal, February 6, 2015
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Isabelle Lauzon

Lawyer

Barreau du Québec 1991

Isabelle Lauzon

Isabelle Lauzon, LL.L.

Lawyer

Barreau du Québec 1991

Phone number

450-973-4020 #267

Email address

[email protected]

Assistant

Annie Vorobief
450 973-4020 #233
[email protected]

Isabelle Lauzon advises employers in the day-to-day management of their labour relations either in terms of disciplinary measures, disability, lay-off, dismissal, drafting of contract or policy, pay equity, interpretation and application of the collective agreement. She is an author, legal instructor, lecturer, and the publishing director of our Gestion Plus newsletter. She is also in charge of our research department and participates in the strategic direction of our mandates.

Academic training
  • University of Ottawa - LL.L. - 1990 
  • Université de Montréal - Studies for a Master degree in law (LLM) - 1993-1994
  • Université de Montréal, Bachelor of Science in biology  (BSc) - 1986

 

Academic distinctions and scholarships

  • Excellence scholarship offered by the Barreau du Québec - 1990
  • Scholarship offered by the Barreau du Québec to the person with the highest cumulative average aiming for its admission - 1990
  • Recipient of the Gold Medal of the University of Ottawa summa cum laude - 1990
  • Excellence scholarship from the University of Ottawa - 1989
  • Scholarship offered by the University of Ottawa to the most distinguished person academically within the Faculty of Law - 1989
Professional Affiliations
  • Member of the Barreau du Québec
  • Member of the Canadian Association of Counsel to Employers (CACE)
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Chantal L'Heureux

Lawyer

Barreau du Québec 2000

Chantal L'Heureux

Chantal L'Heureux, LL.B.

Lawyer

Barreau du Québec 2000

Phone number

450-973-4020 #240

Email address

[email protected]

Assistant

Patricia Lussier
450 973-4020 #241
[email protected]

Me L'Heureux is acting as a research lawyer. She began her career as a litigation lawyer for the Quebec Ministry of Revenue and subsequently practiced in civil and matrimonial law. She was also employed by CAIJ as a web content analyst and library manager. She subsequently practiced as a research lawyer in a law firm, mainly in labor and employment law, civil law, municipal law and construction law. Her practice includes research and legislative, jurisprudential and doctrinal analysis as well as written production of various legal documents such as opinions, appeals for judicial review, appeal briefs and notes and authorities. She also contributes to our Gestion Plus newsletter, as well as to our various publications.

Academic training
  • Université de Montréal - LL.B. - 1997
Professional Affiliations
  • Member of the Barreau du Québec
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Mylène Lussier

Health and Safety Advisor and Paralegal
Mylène Lussier

Mylène Lussier, LL.B., CIRC

Health and Safety Advisor and Paralegal

Phone number

450 973-4020 #252

Email address

[email protected]

Before developing her wide-ranging expertise in occupational health and safety matters, namely due to her hands-on experience in managing absenteeism cases in the public and private sectors, Mylène Lussier started her career as a paralegal in the CSST’s (now the CNESST) legal services department. She joined our firm in 2004 and specializes in giving strategic advice and managing professional injury claims. Ms. Lussier is an author, lecturer and instructor, who helps prepare our clients’ cases for hearing and conciliation. With more than twenty years of experience in researching occupational health and safety, she is the reference for legal trends in the subject. She has a marked interest for psychological injury claims, which represent a substantial part of the cases she must manage. She is an author, lecturer and instructor and contributes to our publications.

Academic training
  • Université du Québec à Montréal - L.L.B. - 2005
  • Université du Québec à Montréal - Certificate in employment and social law - 1999
Professional Affiliations
  • Member of the Ordre des conseillers en ressources humaines agréés
Involvement / Outreach

Conferences and trainings


Other publications

  • La filature 10 ans après Bridgestone/Firestone : admissibilité devant la C.L.P., utilité et conséquencesDéveloppements récents en droit de la santé et de la sécurité du travail, Éditions Yvon Blais, 2010
  • Obération injuste dans les cas de contribution majoritaire d’un tiers : l’affaire ministère des Transports et son influence, Développements récents en santé et sécurité du travail, Éditions Yvon Blais, 2009
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Geneviève Mercier

Lawyer

Barreau du Québec 2004

Geneviève Mercier

Geneviève Mercier, LL.B., CIRC

Lawyer

Barreau du Québec 2004

Phone number

450 973-4020 #263

Email address

[email protected]

Assistant

Christine Lévesque
450 973-4020 #239
[email protected]

Geneviève Mercier specializes in occupational health and safety law. She offers employers a practical approach, with strategic advice tailored to their needs. She accompanies our clients during every step of the process in CNESST cases and she regularly represents them before courts of law and administrative tribunals including the Tribunal administratif du travail (TAT). Her experience as a research lawyer at the Association des professionnels de la construction et de l’habitation du Québec (APCHQ) allowed Ms. Mercier to develop extensive knowledge in dealing with cost apportionment between employers. An author, speaker and trainer, she contributes to our Gestion Plus bulletin as well as our various books, publications and workshops.

Academic training
  • Université de Montréal - LL.B. - 2003
Professional Affiliations
  • Member of the Barreau du Québec
  • Member of the Canadian Association of Counsel to Employers (CACE)
  • Member of the Ordre des conseillers en ressources humaines agréés
Involvement / Outreach

Specialized committees

  • Member of the Comité de liaison « Barreau du Québec / Tribunal administratif du travail » - since 2009
  • Member of the Comité Inter-Entreprises du Montréal Métropolitain - 2009 – 2013


Conferences and trainings

  • La CLP et l'abus de substances intoxiquantes : la jurisprudence, Webinar broadcast by the Ordre des conseillers en relations industrielles agréés, November 24, 2011


Other publications

  • Consommation, abus et dépendances : leur influence sur l'indemnisation par la CSST et l'imputation des coûts, co-author with Linda Bernier, Développements récents en droit de la santé et sécurité du travail - Service de la formation permanente du Barreau du Québec, Volume 33, Éditions Yvon Blais, 2011
  • Quelles conclusions tirées des premiers cas entendus par les tribunaux suite à l'entrée en vigueur de la loi C-21 ? Comité Inter-Entreprises du Montréal Métropolitain, March 26, 2010
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Camille Morin

Lawyer

Barreau du Québec 2019

Camille Morin

Camille Morin, LL.B.

Lawyer

Barreau du Québec 2019

Phone number

(450) 973-4020 #276

Email address

[email protected]

Ms. Morin is dedicated to the practice of occupational health and safety law and works closely with the members of our team in this regard. She holds a bachelor's degree in Civil Law from the University of Sherbrooke and has been a member of the Barreau du Québec since 2019. In addition to contributing to our Gestion Plus newsletter, Ms. Morin provides legal support to employers and makes representations before the Administrative Labour Court and before the courts.

Academic training
  • University of Sherbrooke – LL.B. – 2018
Professional Affiliations
  • Member of the Barreau du Québec
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Catherine Pepin

Lawyer

Barreau du Québec 2012

Catherine Pepin

Catherine Pepin, LL.B.

Lawyer

Barreau du Québec 2012

Phone number

450 973-4020 #275

Email address

[email protected]

Assistant

Annie Vorobief
450 973-4020 #233
[email protected]

Catherine Pepin is a partner in the firm. She advises and represents our clients on all aspects of labour relations, including labour standards, employment contracts, occupational health and safety and collective labour relations. She acts before both civil and administrative courts. She also contributes to our newsletter Gestion Plus, as well as to our various books, publications and training sessions.

2022, 2023 AND 2024 BEST LAWYERS - ONES TO WATCH

Academic training
  • Université de Sherbrooke - LL.B. -  2011
Professional Affiliations
  • Member of the Barreau du Québec
  • Member of the Canadian Association of Counsel to Employers (CACE)
Involvement / Outreach

 

Nominations

 

Conference and training

  • Droit du travail - Obligation d'accommodement, Annual conference of the Association des avocats de province, September 26, 2015
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Jacques Provencher

Lawyer

Barreau du Québec 1988

Jacques Provencher

Jacques Provencher, LL.B., CIRC

Lawyer

Barreau du Québec 1988

Phone number

450 973-4020 #225

Email address

[email protected]

Assistant

Maude Thibault-Laroche
450 973-4020 #257
[email protected]

Jacques Provencher is a partner-owner in the firm who advises our clients on a variety of managerial issues, and represents companies of all sizes in different economic sectors before administrative tribunals and civil courts, in both federal and provincial jurisdictions. The negotiation of collective agreements, grievance arbitrations, complaints before the Tribunal administratif du travail (TAT), occupational health and safety matters, and Human Rights Charters' issues are part of his daily practice. Mr. Provencher is also a speaker and instructor.

Best Lawyers Award Badge

Academic training
  • Université Laval - LL.B. - 1987
Professional Affiliations
  • Member of the Barreau du Québec
  • Member of the Canadian Association of Counsel to Employers (CACE)
  • Member of the Ordre des conseillers en relations industrielles agréés
Involvement / Outreach

 Nominations

  • Selected by his peers for inclusion in The Best Lawyers in Canada, in the practice areas of Administrative and Public Law and Labour and Employment Law since 2022

 

Specialized committees

  • Co-administrator for the Province of Quebec for the Canadian Association of Counsel to Employers (CACE), 2015
  • Member of the organizing committee of the 2015 Conference of the Association of Counsel to Employers (CACE)
  • Co-president and member of the organizing committee of the Association of Counsel to Employers (CACE), Montreal, September 2014


Conferences and trainings

  • L'arrêt S.F.P.Q. : une mise à jour s'impose, Conférence des arbitres, April 26, 2014
  • Gradation des sanctions : est-il toujours nécessaire de donner une deuxième chance au coureur? Webinar broadcast by Éditions Yvon Blais, May14, 2014
  • La surveillance de vos employés : votre preuve sera-t-elle admiseWebinar broadcast by Éditions Yvon Blais, November 29, 2013
  • Les dommages-intérêts et les droits de la personne – perspective québécoise, annual conference of the Association of Counsel to Employers (CACE), 2008
  • Psychological Harassment and Criminal Liability of Organizations and Psychological Harassment, Student School Safety Conference, Alberta, January 19, 2007
  • Harcèlement psychologique : où en sommes-nous ? Canadian Association for the Practical Study of Law in Education (CAPSLE), May 2006
  • Guest speaker at the Management Negotiating Committee for English-language School Boards (CPNCA) for various numerous training sessions and conferences since 2002
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Daniel Santos Vieira

Lawyer

Barreau du Québec 2022

Daniel Santos Vieira

Daniel Santos Vieira, LL.B.

Lawyer

Barreau du Québec 2022

Phone number

450 973-4020 #277

Email address

[email protected]

Assistant

Joanie Perron
450 973-4020 #262
[email protected]

Mr. Santos Vieira has been a member of the Quebec Bar since 2022 and holds a Bachelor of Laws degree from the Université du Québec à Montréal (2021) with honors from the Faculty of Political Science and Law of the same university. He also holds a certificate in Social and Labour law obtained in 2018.

Daniel has practiced as a commercial real estate and labour and employment lawyer with a national firm in Montreal and has assisted in a wide variety of cases including due diligence cases in commercial real estate and labour and employment law. He is a contributor to our various publications.

Academic training

Université du Québec à Montréal - LL.B. 2021

Professional Affiliations
  • Member of the Barreau du Québec
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all

Marie-Josée Sigouin

Lawyer

Barreau du Québec 1991

Marie-Josée Sigouin

Marie-Josée Sigouin, LL.B., CIRC

Lawyer

Barreau du Québec 1991

Phone number

450 973-4020 #232

Email address

[email protected]

Assistant

Patricia Lussier
450 973-4020 #241
[email protected]

Marie-Josée Sigouin is a partner-owner in the firm. Since the beginning of her career, she has acted as in-house counsel and practiced in private law firms. She held various positions at a major financial institution, including that of Executive Vice-President of Human Resources. she heads our legal training department while also being an author, lecturer and instructor. Ms. Sigouin also advises and represents our clients on collective agreements, grievance arbitrations, and complaints to the Tribunal administratif du travail, Labour Relations Division.

Academic training
  • Université de Montréal - LL.B.- 1990
  • Queen’s University - Certificate in Advanced Human Resources - 2004
Professional Affiliations
  • Member of the Barreau du Québec
  • Member of the Canadian Association of Counsel to Employers (CACE)
  • Member of the Ordre des conseillers en ressources humaines agréés
Involvement / Outreach

Community involvement

  • Member of the Board of Directors of the Collège Jean-Eudes

 

Other publications

  • Pour un retour au travail sans dérapage, co-author with Linda Bernier, Effectif, le magazine de l'Ordre des conseillers en ressources humaines agréés, Volume 11, number 2, April/May 2008
  • Gérer les problèmes de santé mentale au travail: un must pour maintenir une bonne performanceco-author with Linda Bernier, Effectif, le magazine de l'Ordre des conseillers en ressources humaines agréés, Volume 17, number 3, June/July/August 2014


Conferences and trainings

  • Quand les médecins s'ingèrent dans la gestion de vos RH, Congrès de l'Ordre des conseillers en ressources humaines agréés, Montreal, September 8, 2016
  • La négociation d’une convention collective de travail, Fédération des établissements d’enseignement privés (FEEP), June 8, 2016
  • Et si le respect retrouvait ses lettres de noblesse, Association des administrateurs d’études juridiques – ALA Québec, January 19, 2016
  • Le respect et la courtoisie : des valeurs de plus en plus au goût du jour! Congrès de l’Ordre des conseillers en ressources humaines agréés du Québec, October 7, 2015
  • Gestion de l’invalidité et les accommodements en matière de santé mentale, Fédération des établissements d’enseignement privés (FEEP), April 17, 2015
  • Harcèlement psychologique : avons-nous perdu le contrôle? Association québécoise des cadres scolaires (AQCS), November 27, 2014, and Colloque Yvon Blais, Montreal, May 6, 2014 – Quebec, May 28, 2014
  • Gérer les problèmes de santé psychologique : un must pour maintenir une bonne performance, Grand rendez-vous santé et sécurité et relations de travail, Ordre des conseillers en ressources humaines agréés du Québec, November 13, 2013
  • Accès aux renseignements médicaux et gestion de l’absentéisme, Corporation des services d’ambulance du Québec (CSAQ), November 27, 2013
  • Gérer les problèmes de santé psychologique : un must pour maintenir une bonne performance, Congrès de l’Ordre des conseillers en ressources humaines agréés du Québec, Montreal, November 13, 2013
  • Gestion de l’absentéisme, Fédération des établissements d’enseignement privé (FEEP), January 22, 2013
  • Dénoncer son employeur : se tourner la langue sept fois avant de sonner l’alarme, Congrès de l’Ordre des conseillers en ressources humaines agréés du Québec, October 22, 2014, and CDE de la MRC de Joliette, May 13, 2015
  • La discipline à l’ère des médias sociaux, Webinar broadcast by Éditions Yvon Blais, November 29, 2011
  • Pour une gestion moderne de la discipline, Congrès de l’Ordre des conseillers en ressources humaines agréés du Québec, Quebec, October 18, 2011
  • Le télé-travail : la nouvelle téléréalité en droit du travail, Congrès de l’Ordre des conseillers en ressources humaines agréés du Québec, Quebec, October 17, 2011
  • Accès aux renseignements médicaux : tout ce que l’employeur peut savoir, Université de Sherbrooke, Longueuil, June 17, 2011, June 15, 2012, and June 14, 2013
  • Leaders RH: rassurez la direction sur vos pratiques en relations du travail, Semaine des relations industrielles, Ordre des conseillers en ressources humaines agréés du Québec, Montreal, June 8, 2011
  • Harcèlement psychologique: enquête efficace pour une solution rapide, Colloque Yvon Blais, Montreal, April 27, 2011
  • Circulation des renseignements médicaux, sommes-nous trop prudents? Semaine des relations industrielles, Ordre des conseillers en ressources humaines agréés du Québec, Montreal, March 25, 2011
Workshops

LABOR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Whether you work in labour relations or occupational health and safety, this training is for you! On October 6, 2022, new provisions on vocational rehabilitation came into force, expressly integrating into the AIAOD the concept of the employer's duty to accommodate a worker with a disability resulting from his or her employment injury. This new regime, which has been broadened to promote reintegration into the workplace, is nevertheless restrictive for employers. Increased powers have been given to the CNESST, which will become the "project manager" of the accommodation exercise. During this training session, we will shed light on the duty to accommodate and its limits, from a practical perspective that will enable you to interact with the CNESST in an informed manner in your rehabilitation files.

Learn more
5 tricks and tips to make the best of managing your occupational injuries cases

Being proactive in managing cases of occupational injury, does that ring a bell? Are you among those who simply respond when they receive medical certificates and decisions by the CNESST, or rather among those who know from the outset the date of the next medical assessment of the employee on medical leave and who try to influence the upcoming decision? Are you inclined to concur with the opinion of the employee’s physician or do you exercise the rights available to you under the AIAOD, as soon as possible, to bring the cost of a claim down to a minimum? Upstream action, with an overall realistic understanding of the case, instead of reacting to events as they come, can make all the difference in terms of financial outcomes.

Learn more
A practical up-to-date approach to labour standards

The relationships between an employer and his employees and executives are governed on a daily basis by a number of legislative provisions. It is essential for any HR manager to have a working knowledge of minimal labour standards, of the notices to be given in cases involving termination of employment, and of the recourses provided by the Act respecting Labour Standards.

Learn more
Access to medical information: everything an employer is entitled to know

In the context of managing your employees, you will need to obtain and interpret a great deal of medical information. Whether at the time of hiring, or in the case of absence due to a personal or professional health issue, or of an employee going back to work or simply for purposes of assessing an employee’s ability to work, you will need comprehensive and precise information in order to make informed decisions.

Learn more
Accident investigation : it's much more then forms!

The primary purpose of an investigationand analysis is to obtain and preserve reliable, relevant information and learn the exact circumstances of a workplace accident. When carried out without delay, investigation is a highly effective tool for dealing with dubious cases and implementing the relevant corrective measures.

Learn more
Alcohol, drugs and addictions: what are your rights and obligations

Problems related to alcohol, drug and medication consumption are omnipresent in all social spheres. The workplace is no exception. Yet, the management of employees' consumption of intoxicating substances affecting work performance is often neglected or inadequate, and this laxity can have serious consequences. For this reason, it is important that management move quickly and effectively when an employee’s work performance is affected by alcohol, drug or medication consumption.

Learn more
An Act to modernize the occupational health and safety regime

Major changes have modernized the legal framework for occupational health and safety. The Act to modernize the occupational health and safety system was assented to on October 6, 2021 by the National Assembly after months of debate and demands reflecting the interests of various stakeholders: workers, employers, health professionals, etc. Some measures have already come into force. Others will be implemented gradually in the months and years to come. The questions are already numerous: Who will have to set up a health and safety committee? What will be the power of the CNESST in matters of return to work? Is the employer's right to cost sharing and transfer affected? What occupational injuries will be easier for workers to prove? This workshop provides a first overview of the main changes and their impact on the daily life of employers. In order to maintain the friendly approach that characterizes our training sessions, we will limit registration to 20 participants. This workshop will be offered remotely.

Learn more
Difficult employees : what lies around gets dusty

Most of us have been faced with situations involving employees whose interpersonal relationships with coworkers and/or managers can be problematic: angry, querulous, oppositional or just plain edgy employees with an attitude that cannot help but be corrosive to the working atmosphere. Whether this kind of behaviour arises occasionally or chronically, it is essential for managers to intervene to prevent the situation from degenerating.

Learn more
Documenting a Court hearing before the TAT, division SST

Any ruling by the Tribunal administratif du travail (TAT), division santé et sécurité du travail (previously the CLP) can have significant consequences for your company. Since the TAT, division SST, makes the final decision regarding challenges by the parties, you will not get a second chance to submit convincing evidence. Preparation is the key to success. For your benefit or that of your representative, identify and collect all necessary documents in preparation for the hearing.

Learn more
From hiring to termination of employment

In Quebec, there are several laws governing the different aspects of the employer/employee relationship. From time of hiring to termination of employment, employers find themselves subjected to court-imposed rules that are often hard to reconcile with such objectives as efficiency and productivity. You will be introduced to the concepts and rules applicable at time of hiring, during employment and upon termination of employment, as illustrated by means of concrete examples.

Learn more
How to draft a disciplinary measure: a list of practical tips for employers

Drafting disciplinary measures is often a difficult task for many managers in both unionized and non-unionized companies.The aim of this training course is to make you aware of the objectives of a disciplinary measure, the importance of drafting it properly, and to provide you with practical advice that every manager should master.

Learn more
How to draft an agreement pursuant to a settlement

As an administrator, you are expected to negotiate agreements with your employees in order to avoid litigation or to bring closure to it, whether it is a termination of employment agreement, or the settlement of a grievance or complaint to the Tribunal administratif du travail (TAT). The document that legalizes this agreement is called a transaction, which is subject to the rules of contract law. The writing of this agreement is important!

Learn more
How to draft an expert's mandate?

One of the tools available to a manager in charge of disability cases is the medical assessment. Considering the determining impact that a medical assessment will have on how the case unfolds, it is important to use the physician’s expertise as thoroughly as possible. He is the expert after all!

Learn more
How to draft an objection to a SST claim?

Those responsible for managing SST claims are often under the impression that workers’ compensation by the CNESST has practically become automatic, and that they don’t have a voice in the matter. However, though this may be somewhat time consuming, a timely submission of the employer’s viewpoint in a written objection to the CNESST can be a success factor. How can you criticize the CNESST for having accepted a claim when relevant facts that should have led to its dismissal were not brought to its attention? You can be sure that the worker will not do this on your behalf...

Learn more
Labour Relations: What happened in 2023?

Get a front-row seat for this review of the year in labor relations, and the decisions that have shaped the daily lives of employers in 2023. Understand the concrete impact of these decisions on your management, and take the measure of the changes to come.

Learn more
Learn to write a convincing application for sharing imputed costs

The cost of employment injuries occurring in your establishment and the contributions required of you by the CNESST can become a major financial concern for your company. Section 329 of the Act respecting industrial accidents and occupational diseases states that an employer may be entitled to sharing imputed costs in relation to an employment injury case if it is proven that the worker was “already handicapped when his employment injury appears”. Know how to take advantage of this section and learn how to assert your rights to limit the costs imputed to you as the employer by writing convincing cost sharing applications to the CNESST.

Learn more
Loyalty is a choice: have your employees made the right one?

Every employee has a duty of loyalty towards his/her employer, whether at time of hiring, during employment, and even after termination of employment. However, as shown all too often in case law, lack of loyalty is a frequent offence: false statements at time of hiring or during employment, document forgery, theft or fraud, conflict of interest, public criticism or denunciation of the employer, violation of confidentiality, non-collaboration and non-compliance with non-competition and/or non-solicitation clauses, all these are offences related to the duty of loyalty.

Learn more
Management of discipline and dismissal

Managing discipline is no easy task. As an employer, you must deal with the human aspect, with motivation and the need to keep the business productive. You must also deal with the many possible recourses available to employees, whether unionized or not. The decision to dismiss is rarely taken lightly by an employer; however a poorly prepared case file can have serious financial consequences.

Learn more
Managing absenteeism

Absenteeism is a growing concern in any business. Replacement costs, shuffling employees to fill vacant positions, and loss of productivity are just some of the factors that force any thriving business to control absenteeism as much as possible. A casual approach leads to even more serious consequences: the loss of motivation among workers who are not delinquent absentees.

Learn more
Managing employment injuries: the basics of cost control - Day 1 - Initiation

Sound management of employment injuries means taking effective, timely actions. In the context of this workshop, new managers will gain the basic knowledge they need to assess the eligibility of employment injury claims and to challenge them. They will know how to set up a temporary assignment, and when and how to activate the medical assessment process. They will learn to make effective use of the challenge mechanisms provided by law.

Learn more
Mental health and labour relations: better understanding for better action

According to a report by Health Canada, one out of every five individuals will develop a mental health problem at some point in his or her lifetime. Naturally, this ever increasing trend is reflected in the workplace and in your organization. How widespread is this new phenomenon, and what is its impact on managing your employees?

Learn more
Neglecting occupational health and safety: who goes to jail?

The Criminal Code foresees that all managers - from CEOs to foremen - may be held criminally liable for health and safety infractions. As the first criminal lawsuits are being launched against companies and the CNESST is watching employers more closely than ever - what do you need to know, and what should you do?

Learn more
Negotiating a collective agreement

The collective agreement is the contract that will have the greatest impact on the daily management of your business. A negotiation has to be planed and prepared. To this end, the expertise of seasoned negotiators is available to you. Negotiations should be planned for. We will give you the tools you need to prepare your team of negotiators. If you wish to deepen your knowledge, the workshop Writing a collective agreement is held the next day. You can register for both workshops for $ 1,350 plus taxes.

Learn more
Negotiating and writing a collective agreement

The collective agreement is the contract that will have the greatest impact on the way you manage your business on a daily basis. As you work out this agreement, take advantage of the expertise of accomplished negotiators. Such negotiations need planning. We will provide you with the necessary tools to prepare and write your collective agreement.

Learn more
Policy and employee manual: writing well to manage well

A policy allows a company to transmit its values and expectations to its employees. The adoption of a policy can have several positive impacts: support for managers, integration and supervision of new employees, equity in human resources management. The existence of a uniformly applied policy can also be a mitigating factor in disciplinary matters. This is why drafting clear and unambiguous policies is an essential exercise for any HR manager.

Learn more
Psychological harassment in the workplace

The legislature introduced a change to the Act respecting labour standards which imposes on employers a two-fold responsibility concerning psychological harassment. Employers must take reasonable means to prevent psychological harassment and, when such conduct is brought to their attention, to put a stop to it. The Act now prohibits the harassment that may happen between co-workers, or by suppliers or clients, as well as that which may occur when you exercise managerial rights.

Learn more
Psychological harassment: conducting effective investigations for swift solutions

Managing psychological harassment complaints is a very delicate process, often fraught with numerous obstacles. It is imperative that the designated investigating officer should have the necessary qualifications and tools to overcome such obstacles. This workshop is based on our experience over the past years, with abundant references to case-law.

Learn more
Recruiting and hiring: pitfalls to avoid

In employment, discrimination is prohibited by the Charter of Human Rights and Freedoms from the very beginning of the hiring process. However, it is important to know that the aptitudes or qualities required for a position to be filled may justify questions or tests related to the grounds of discrimination protected by the Charter, so that you can make an informed decision when hiring a new employee.

Learn more
Retrospective billing of employers: 7 winning practices to review the financial status of your SST file

As an employer subject to retrospective billing, each dollar paid by the CNESST to compensate an employee can ultimately cost you up to $5.50 in contributions, and can amount to nearly $8.00 at the time of the interim adjustment. Learn how this billing methodology works, and how to use it to your advantage by implementing clear orientations and concrete actions. Understand how actions taken in the context of managing compensation case files can impact your CNESST expenses (contributions and adjustments). This training will allow you to gain a general understanding of retrospective billing, and will prove useful in developing your management strategies. It will enable you to better understand the actions that lead to credits and/or situations that entail contribution surcharges.

Learn more
Seeing the light at the end of the tunnel? How to deal with incompetence

You can't fire an employee for poor performance overnight. However, there is always a light at the end of the tunnel. You can terminate an incompetent employee if he or she continues to be unable to perform the way you would expect at the end of a remedial process, even if the employee has been with the company for several years. And while dismissal for incompetence is an administrative measure, there is nothing to prevent you from taking a mixed approach, i.e. imposing disciplinary measures before finally administratively closing the file of an employee who is unable to improve his or her work performance. But whatever approach you choose, it is important to remember that the shortest route to incompetence is not always the best.

Learn more
SST : 8 good reasons to ask for the suspension of indemnities of the CNESST

Many employers are unaware that a valuable tool exists to encourage injured workers to comply with their obligations under the Act respecting industrial accidents and occupational diseases (LATMP): section 142. This approach allows CNESST to reduce or suspend an allowance paid to a worker as a result of an employment injury, where the worker refuses to cooperate. Know how to easily identify these situations and become more proactive in the follow-up of your files in order to reduce the duration of the compensation

Learn more
SST : Could Facebook and other social networks be helpful to you?

Many employers believe that publications made by employees on social media are in the realm of privacy. However, although the public is more aware of the problem of privacy and the protection of personal information, users of various social networks publish a significant amount of information and photos that may be of great interest to an informed employer. You could use publications made on social media as part of the management of your employment injury files or before the Tribunal in litigation. In this workshop, you will learn about the limitations of viewing one of your employees' profiles on various social networks, the settings that apply to their use, and the role they can play on the result of a dispute.

Learn more
SST: get a handle on cost allocation and reduce your contributions

SST contributions are a critical budget issue for most employers. Too many employment injuries are the result of third party involvement or of a personal condition which predisposes a worker to injury under circumstances which are not normally hazardous. There are cost transferring and cost sharing mechanisms which can alleviate the impact of such situations.

Learn more
Strategic management of employment injuries: what if you could do even better? Day 2 - Development

Despite appropriate actions taken in managing employment injury claims, some cases can get past even the most seasoned managers. Due to their medical complexity, or the recurring issues they involve and that impede the effectiveness of your actions, such cases often require a great deal of energy, with little results. Learn to control costs and to optimize management in such complex cases. This workshop will review applicable solutions in cases involving fraudulent claims, as well as obstacles to setting up a temporary assignment and to the medical assessment. In addition, we will address the importance of a consistent challenge strategy in order to minimize the duration of compensation.

Learn more
Successful conciliation before the TAT, division SST

The Act to establish the Administrative Labour Tribunal provides the parties with a choice option in the context of a hearing: conciliation. Thanks to this flexible process, the employer can enter into an agreement that is intended to be beneficial. Reduce the risks, costs and financial impacts of employment injuries, as well as preparation time for a hearing before the TAT, division SST by learning to negotiate your own conciliations and settle your disputes yourself.

Learn more
Telework: What employers need to know

LABOUR AND EMPLOYMENT LAW AND OCCUPATIONAL HEALTH AND SAFETY - Telework is here to stay, and even though labour laws were not developed for this mode of work organization, they apply. This training will allow you to learn about your obligations and the legal issues related to telework, especially since the Act to modernize the OHS system adds new obligations for employers concerning the protection of workers' psychological health and the risks of exposure to violence in the workplace, including domestic violence.

Learn more
The obligation to accommodate: myths and realities

Every employer has the obligation to accommodate, whether it applies to a handicap, religion or any other motive of discrimination covered under the Charter. Through this training session, our goal is to demystify this obligation, which, as you will see, is not altogether without limits.

Learn more
The SST inspector: his range of intervention and its consequences

Under the Act respecting Occupational Health and Safety, the CNESST inspector has a broad range of powers. His/her intervention in a given workplace can have serious consequences for an employer. But rest assured there are a number of recourses and defenses available to you. This workshop will allow you to determine when and how to use them effectively.

Learn more
Three good reasons to keep an eye on social media

Faced with the reality that social media are being used by 85% of Quebecers, employers are increasingly monitoring their employees’ online activities. This monitoring process can allow them to manage disability or employment injury case files, to limit damages to the company’s reputation or to avoid the waste of time caused by Internet use for personal purposes during working hours.

Learn more
When doctors get between you and your human resources

HR managers need to ensure that their organisation can count on able employees, while physicians are expected to establish a trusting relationship with their patients. Both sides have their area of expertise and their role to fulfil. Without disputing the role and qualifications of attending physicians, you have the right to ask questions.

Learn more
Writing a collective agreement

It is generally up to the union to submit the drafts of a collective agreement, but sometimes this task can go to the employer. In this context, it is therefore important to be cognizant of the applicable rules when you are called upon to review certain texts or to write new provisions.

Learn more
View all
Publications

Release date: October 5, 2018
ISBN: 978-2-89730-503-1
Format: Paper , Electronic , Combo

La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir
La rédaction d'une convention collective de travail: tout ce que l'employeur doit savoir

Release date: September 22, 2015
ISBN: 978-2-89730-154-5
Format: Paper

View all
To the exclusive service of employers

To the exclusive service of employers, Le Corre offers training workshops and publications on subjects solely pertaining to labour law. Both these tools help managers and human resources professionals to deal more effectively with the daily legal framework of their businesses.

Laval

450 973-4020

Toll free

1 877 218-4020

Fax

450 973-4010
By email