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C-27 - Labour Code

Section 19
Disposition versions

Full text
19. On the application of the employer or of the employee, the Tribunal may fix the quantum of an indemnity and order payment of interest at the legal rate from the date of filing of the complaint on the amount due pursuant to the order.
There must be added, to the amount fixed, an indemnity computed by applying to the amount, from such date, a percentage equal to the excess of the interest rate fixed according to section 28 of the Tax Administration Act (chapter A-6.002) over the legal interest rate.
R. S. 1964, c. 141, s. 18; 1969, c. 47, s. 8; 1969, c. 48, s. 7; 1977, c. 41, s. 1, s. 8; 1983, c. 22, s. 7; 2001, c. 26, s. 9; 2010, c. 31, s. 175; 2015, c. 15, s. 237.
19. On the application of the employer or of the employee, the Commission may fix the quantum of an indemnity and order payment of interest at the legal rate from the date of filing of the complaint on the amount due pursuant to the order.
There must be added, to the amount fixed, an indemnity computed by applying to the amount, from such date, a percentage equal to the excess of the interest rate fixed according to section 28 of the Tax Administration Act (chapter A-6.002) over the legal interest rate.
R. S. 1964, c. 141, s. 18; 1969, c. 47, s. 8; 1969, c. 48, s. 7; 1977, c. 41, s. 1, s. 8; 1983, c. 22, s. 7; 2001, c. 26, s. 9; 2010, c. 31, s. 175.
19. On the application of the employer or of the employee, the Commission may fix the quantum of an indemnity and order payment of interest at the legal rate from the date of filing of the complaint on the amount due pursuant to the order.
There must be added, to the amount fixed, an indemnity computed by applying to the amount, from such date, a percentage equal to the excess of the interest rate fixed according to section 28 of the Act respecting the Ministère du Revenu (chapter M-31) over the legal interest rate.
R. S. 1964, c. 141, s. 18; 1969, c. 47, s. 8; 1969, c. 48, s. 7; 1977, c. 41, s. 1, s. 8; 1983, c. 22, s. 7; 2001, c. 26, s. 9.
19. On the application of the employer or of the employee, the labour commissioner may fix the quantum of an indemnity and order payment of interest at the legal rate from the date of filing of the complaint on the amount due pursuant to the order.
There must be added, to the amount fixed, an indemnity computed by applying to the amount, from such date, a percentage equal to the excess of the interest rate fixed according to section 28 of the Act respecting the Ministère du Revenu (chapter M-31) over the legal interest rate.
The labour commissioner general may exercise on behalf of the employee the recourse arising from the labour commissioner’s decision or that of the Court, if the employee fails to do so within twenty-four days.
R. S. 1964, c. 141, s. 18; 1969, c. 47, s. 8; 1969, c. 48, s. 7; 1977, c. 41, s. 1, s. 8; 1983, c. 22, s. 7.
19. On the application of the employer or of the employee, the labour commissioner may from time to time fix the quantum of an indemnity.
The labour commissioner general may exercise on behalf of the employee the recourse arising from the labour commissioner’s decision or that of the Court, if the employee fails to do so within twenty-four days.
R. S. 1964, c. 141, s. 18; 1969, c. 47, s. 8; 1969, c. 48, s. 7; 1977, c. 41, s. 1, s. 8.
19. In case of disagreement between the employer and the employee as to the amount of an indemnity, the quantum thereof shall be fixed by an labour commissioner.
The labour commissioner-general may exercise on behalf of the employee the recourse resulting from the labour commissioner’s decision, if the employee fails to do so within twenty-four days.
Such recourse shall be exercised solely before the Court whose order shall be homologated, upon a motion of the employee or of the labour commissioner-general, by the Superior Court or the Provincial Court, according to their respective jurisdiction, having regard to the amount of the indemnity fixed by the order.
Such recourse shall be prescribed by six months from the decision of the investigation commissioner fixing the quantum.
R. S. 1964, c. 141, s. 18; 1969, c. 47, s. 8; 1969, c. 48, s. 7; 1977, c. 41, s. 1.
19. In case of disagreement between the employer and the employee as to the amount of an indemnity, the quantum thereof shall be fixed by an investigation commissioner.
The chief investigation commissioner may exercise on behalf of the employee the recourse resulting from the investigation commissioner’s decision, if the employee fails to do so within twenty-four days.
Such recourse shall be exercised solely before the Court whose order shall be homologated, upon a motion of the employee or of the chief investigation commissioner, by the Superior Court or the Provincial Court, according to their respective jurisdiction, having regard to the amount of the indemnity fixed by the order.
Such recourse shall be prescribed by six months from the decision of the investigation commissioner fixing the quantum.
R. S. 1964, c. 141, s. 18; 1969, c. 47, s. 8; 1969, c. 48, s. 7.
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