Worker Status Under The Quebec Labour Code: Team Leaders Or Representatives Of The Employer?

The proper legal status of workers remains an often contentious issue for employers in the modern workplace.  The issue was recently considered by Quebec’s Administrative Labour Tribunal in Gouvernement de la nation Crie c. Association des policiers et policières d'Eeyou Eenou (2018 QCTAT 53).  After a hearing that lasted several days, with extensive evidence presented by the parties, and conflicting interpretations and testimonies, Administrative Judge Gérard Notebaert of Quebec’s Administrative Labour Tribunal ruled in favour of the employer — the Government of the Cree Nation — and concluded that the lieutenants in its police service are not employees within the meaning of the Quebec Labour Code, but rather representatives of the employer. Under the Quebec Labour Code, the term “employee” does not include a person who is employed as manager, superintendent, foreman or “representative of the employer” in their relations with employees.