Month In Review – Québec
LAWS & ANNOUNCEMENTS
Minimum Wage
May 1: That’s the date that Québec’s general minimum wage will increase approximately 3% from $15.25 to $15.75 per hour. The government said that raising the minimum wage too quickly could hurt employers, especially in the restaurant and retail sectors.
Action Point: Find out about the latest round of minimum wage increases taking effect across Canada
Pay Equity
Mar 4: CNESST launched a new outreach campaign to remind employers of the need to comply with the Pay Equity Act. In 2024, more than 8,000 employers in the province will have to complete the initial pay equity exercise assessment and submit the Employer’s Declaration on Pay Equity (DEMES) form to CNESST.
Action Point: Find out more about pay equity laws and their practical impact on operations
Workplace Harassment
Mar 27: After nearly 6 months in the legislative pipeline, Bill 42, adding new workplace harassment and violence protections to Québec’s Labour Code and OHS Act, has received Royal Assent and taken effect. Highlights: i. Mandatory sexual violence training for psychological harassment claims arbitrators; ii. Extended deadline for sexual violence claims; iii. Ban on reprisals for reporting psychological harassment; and iv. Higher fines and punitive damages for psychological harassment.
Action Point: Use the HRI template to create your own workplace harassment and violence policy
Employment Benefits
Mar 25: Retraite Québec, the agency that oversees private and public pension plans in the province, issued a new strategic plan for 2024 to 2027, which is available in French only.
Labour Relations
Mar 26: The government of Québec and Workers unit of the Syndicat de la service publique et parapublic du Québec (SFPQ) representing over 4,000 workers have reached a tentative agreement on a new 5-year collective agreement. Terms of the deal weren’t announced.
Retaliation
Mar 28: Bill 53, which establishes new legal processes and protections for whistleblower employees who disclose wrongdoing by their companies, including the potential for criminal penalties against employers who engage in illegal reprisals, is now in Special Consultations as it inches closer to passage.
Action Point: Find out how to discipline employees without committing reprisals or retaliation
CASES
Drugs & Alcohol: Drug Addict Fired for Violating Last Chance Agreement Wins Reinstatement
A medical resident with a drug addiction signed a last chance agreement promising not to consume or be under the influence of alcohol or other psychotoxic substances in the workplace. Ten months later, he got fired for engaging in erratic behaviour at work, including allegedly walking around the hospital in his socks after “lending” his shoes to a colleague. After hearing from the witnesses and reviewing the evidence, the Québec arbitrator concluded that the hospital’s accounts of the resident’s erratic behaviour were exaggerated and implausible. Even if the resident had violated the last chance agreement, the hospital should have engaged in a process to accommodate his addiction and mental disorders and not simply have terminated him automatically [Association of Resident Physicians of Quebec (AMREQ) c Integrated University Health and Social Services Center of the National Capital (CIUSSS-CN), 2024 CanLII 24520 (QC SAT), March 25, 2024].
Action Point: Find out how to effectively control substance abuse at your workplace