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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
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!

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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...

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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.

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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.

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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

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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.

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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.

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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.

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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.

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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