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Legal recourses

If you think you are experiencing harassment in your employment, know that several recourses exist depending on your situation.

Before contacting these authorities, do not hesitate to consult you harassment prevention and complaints handling policy to find out about the solutions offered by your workplace.

Here is an overview of the various available legal recourses:

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Recourses concerning harassment at work

The Commission canadienne des droits de la personne (CCDP) 

  • Complaints for discriminatory harassment (including sexual harassment)
  • Deadline for filing a complaint: 1 year after the last incident of harassment
  • Complaint against the employer and the presumed harasser

 

The Commission de la fonction publique (CFP) 

  • Complaints for psychological and/or discriminatory harassment (including sexual harassment)
  • Deadline for filing a complaint: 2 years after the last incident of harassment
  • For employees appointed under the Public Service Act, public servants, members and directors of agencies

For a worker who is covered by a collective agreement, you must refer to your union to defend your rights concerning sexual and/or psychological harassment work

The Commission des droits de la personne et des droits de la jeunesse (CDPDJ)

  • Complaints for discriminatory harassment (including sexual harassment)
  • Deadline for filing a complaint: 2 years after the last incident of harassment
  • Complaint against the employer and the presumed harasser

If you are self-employed but you are governed by a collective agreement, you must refer to your union for the defence of your rights in terms of psychological and/or discriminatory harassment at work.

Income replacement in case of incapacity to work due to harassment

ealth and safety division

  • When a person cannot work for medical reasons because of the harassment they have been subjected to at work
  • Income replacement indemnity for the period of incapacity to work
  • Deadline for filing a claim : 6 months after knowledge of the employment injury
  • Employment Insurance (EI) provides Sickness Benefits to individuals who are unable to work because of a medical condition
  • Deadline for filing a claim : as soon as possible once you’ve stopped working, even if your employer has not yet produced your record of employment. If you wait more than four weeks after your last work day to submit your benefit claim, you risk losing weeks of benefits
  • Many collective agreements or employment contracts contain information on disability benefits. Salary insurance may compensate an employee for the loss of employment income, when unavailable to work due to a disability, an illness or an accident
  • Check your insurance policy for more details

Notice: This page is only informational; its content should not in any way be interpreted or considered as a full analysis of the law nor an opinion or a legal opinion of the author towards any specific case, or of one or several points of law mentioned above. Contact the appropriate authorities to get more information and to inquire about your eligibility and conditions that may apply.