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ARTICLE · 11 AUGUST 2023

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Privacy In The Dispute Resolution Process

Osler, Hoskin & Harcourt LLP
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A company terminated the plaintiff's employment which led him to file a complaint with the Commission des normes, de l'équité, de la santé et de la sécurité au travail (CNESST).

CanadaLitigation, Mediation & Arbitration
Kristian Brabander
Kristian Brabander
Robert Carson
Robert Carson
Tommy Gelbman
Tommy Gelbman
Jessica Harding
Jessica Harding
Craig Lockwood
Craig Lockwood
Julien Morissette
Julien Morissette
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Rousseau c. Conseil de l'industrie forestière du Québec, 2022 QCCAI 332

Read more about the case: Rousseau c. Conseil de l'industrie forestière du Québec, 2022 QCCAI 332

Facts

A company terminated the plaintiff's employment which led him to file a complaint with the Commission des normes, de l'équité, de la santé et de la sécurité au travail (CNESST). The plaintiff then asked the company to provide him with a copy of his employee file, including his employment contract and letter of employment, as well as all policies regarding email usage and vacation time. However, some of the documents which were relevant to his termination were not sent to him. Thus, the plaintiff filed an application to the CAI. Two days later, the plaintiff signed a termination agreement, which did not explicitly mention proceedings before the CNESST. The company claimed that the complaint ought to be rejected.

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