By Marie-France Chayer, legal services coordinator
The majority of workers knows to turn to the CNESST when they have a work accident, or suffer from an occupational disease. Sadly, very few of them know that the “Act respecting industrial accidents and occupational diseases” also protects them against reprisals from their employer.
Indeed, Article 32 of the Act states that “No employer may dismiss, suspend or transfer a worker or practice discrimination or take reprisals against him, orimpose any other sanction upon him because he has suffered an employment injury or exercised his rights under this Act.”
This means that an employer could not dismiss a worker solely because he claimed to the CNESST, neither could he decide to give a bonus to all his employees, except the one making a progressive return to work following his work accident.
We could name numerous examples, as some employer’s imagination knows no limits. However, the most important thing to remember if you think you are the victim of your employer’s retaliation is to file a complaint within 30 DAYS of the sanction. Whether you were fired, relocated or discriminated against, fill out the form provided by the CNESST and send it to their office closest to you.