How do I file a complaint for psychological harassment at work?

General information, not legal advice. In cases of psychological or sexual harassment at work, workers can file a complaint with the CNESST by filling out the "Déposer une plainte" (file a complaint) questionnaire on its website. To be admissible, the complaint must be filed within 2 years after the date of the last manifestation of harassment. The CNESST then checks whether the complaint is admissible, offers a free mediation service and conducts an investigation. Each situation is different: the official page sets out the conditions and special cases.

Key facts

Filing deadline

Within 2 years after the date of the last manifestation of harassment, for the complaint to be admissible.

Where to file

With the CNESST, by filling out the "Déposer une plainte" questionnaire on its website.

Costs

Free mediation. No fees if the person is represented by a CNESST lawyer; they may also choose a lawyer of their own and pay the fees.

If the complaint is refused

30 days to contest the decision using the Demande de révision de la décision form.

Confidentiality

The names of witnesses or any other person met during an investigation into psychological or sexual harassment remain confidential.

Tribunal

The complaint is heard by the Tribunal administratif du travail. The hearing date is set by the tribunal: timelines vary.

Steps

1. If you think you are experiencing harassment at work, consult your employer's prevention policy or contact the CNESST. You can also look at the CNESST examples to recognize situations of psychological or sexual harassment.
2. Fill out the CNESST "Déposer une plainte" (file a complaint) questionnaire. If your complaint is admissible, you are directed to the appropriate path for officially filing the complaint.
3. Respect the time limit: the complaint must be filed within 2 years after the date of the last manifestation of harassment to be admissible.
4. Cooperate with the CNESST by providing the information and documents requested. The CNESST also offers a form called "Harcèlement psychologique ou sexuel : version des faits de la personne salariée" (the employee's version of the facts).
5. The CNESST checks that the complaint is admissible, that it was made within the time limit, that you are protected by the Act respecting labour standards, and that you have no other recourse under a collective agreement or another law.
6. If the complaint is admissible, the CNESST offers a free mediation service. Without an agreement, it conducts an investigation, and if the complaint is well founded, the file is handed to the CNESST's legal affairs branch.
7. If the complaint is inadmissible or not well founded after investigation, you have 30 days to contest the decision using the Demande de révision de la décision form.
8. If the harassment caused a psychological injury certified by a doctor, the CNESST states that it is recommended to also file a claim for a work accident. If the conduct is discriminatory, a complaint can also be filed with the Commission des droits de la personne et des droits de la jeunesse.

General information drawn from official sources. It does not replace legal, medical or financial advice. For your situation, contact the organization concerned or a professional.