In a judgment handed down on January 27, 2014, the Quebec
Superior Court1 held that a decision of the Commission
des lésions professionnelles (employment injury review
board) finding that there was no workplace harassment operated as
res judicata in relation to a complaint filed with the
Commission des relations du travail (labour relations board) under
section 123.6 of the Act respecting labour standards
alleging psychological harassment at work.
This ruling by the Superior Court affirms the imperative of
reining in the duplication of proceedings based on the same
facts.
The facts
In this case, the worker had filed a claim before the
Quebec's Commission de la santé et de la
sécurité du travail (CSST) for employment injury
allegedly caused by psychological harassment in the workplace. When
her claim was rejected, the worker had taken her case to the
employment injury review board, the Commission des lésions
professionnelle (CLP). On September 29, 2008, the CLP
