123. An employee who believes he has been the victim of a practice prohibited by section 122 or 122.2 and who wishes to assert his rights must do so before a labour commissioner appointed under the Labour Code (chapter C-27) in the same manner as if it were a case of dismissal, suspension or transfer, or the practice of discrimination, the taking of reprisals or the imposition of any other sanction by reason of the exercise of a right arising under the Labour Code. Sections 15 to 20, 118 to 137, 139, 139.1, 140, 146.1 and sections 150 to 152 of the Labour Code then apply, adapted as required.
Notwithstanding section 16 of the Labour Code, the period within which a complaint must be filed with the labour commissioner general is 45 days. If the complaint is submitted within that time limit to the Commission or the Minister rather than to the labour commissioner general, non-compliance with the hereinabove time limit cannot be invoked against the complainant. The labour commissioner general shall transmit a copy of the complaint to the Commission.
A labour commissioner shall not order the reinstatement of a domestic; he may, however, order the employer to pay to the domestic, as an indemnity, the equivalent of the wage and other benefits of which he was deprived due to dismissal for a maximum period of three months.
The Commission may, in any proceedings relating to this division, represent an employee who is not a member of a group of employees contemplated by a certification pursuant to the Labour Code.
1979, c. 45, s. 123; 1990, c. 73, s. 57; 1999, c. 40, s. 196.