Dismissal without good and sufficient cause (Quebec)

A Quebec buyer who plans to end long-serving employees’ employment after closing meets this recourse. Section 97 of the Act says that the alienation or concession of the undertaking, in whole or in part, or the modification of its juridical structure, namely by amalgamation, division or otherwise, does not affect the continuity of the application of the labour standards. The sale context is in employment standards when a business is sold in Quebec.

How the complaint runs

• The complaint goes in writing to the CNESST, the province’s labour standards body, or is mailed to its address.
• With the parties’ agreement, the CNESST may appoint a person to try to settle it; if no settlement is reached, it refers the complaint to the Administrative Labour Tribunal without delay.
• If the Tribunal finds the dismissal was without good and sufficient cause, it may order reinstatement, an indemnity up to the wage the employee would normally have earned, or any other decision it believes fair and reasonable in all the circumstances. For a domestic, or a person whose exclusive duty is to care for a child or a sick, handicapped or aged person, section 128 limits the order to an indemnity for the wage and benefits lost.

What to ask

Ask for each employee’s service dates and any open complaints. The CNESST lists dismissal without just cause among labour standards complaints. This entry covers Quebec only; check the rules where you are. For pay on ending employment, see termination pay.