N-1.1 - Act respecting labour standards

Section 128 Disposition versions

2023-06-08

128. Where the Administrative Labour Tribunal considers that the employee has been dismissed without good and sufficient cause, the Tribunal may

(1)  order the employer to reinstate the employee;

(2)  order the employer to pay to the employee an indemnity up to a maximum equivalent to the wage the employee would normally have earned had the employee not been dismissed;

(3)  render any other decision the Tribunal believes fair and reasonable, taking into account all the circumstances of the matter.

However, in the case of a domestic or a person whose exclusive duty is to take care of or provide care to a child or to a sick, handicapped or aged person, the Administrative Labour Tribunal may only order the payment to the employee of an indemnity corresponding to the wage and other benefits of which the employee was deprived due to dismissal.

1979, c. 45, s. 128; 1990, c. 73, s. 62; 2001, c. 26, s. 147; 2002, c. 80, s. 71; 2015, c. 15, s. 237; 2022, c. 22, s. 179.

2016-01-01

128. Where the Administrative Labour Tribunal considers that the employee has been dismissed without good and sufficient cause, the Tribunal may

(1)  order the employer to reinstate the employee;

(2)  order the employer to pay to the employee an indemnity up to a maximum equivalent to the wage he would normally have earned had he not been dismissed;

(3)  render any other decision the Tribunal believes fair and reasonable, taking into account all the circumstances of the matter.

However, in the case of a domestic or a person whose exclusive duty is to take care of or provide care to a child or to a sick, handicapped or aged person, the Administrative Labour Tribunal may only order the payment to the employee of an indemnity corresponding to the wage and other benefits of which he was deprived due to dismissal.

1979, c. 45, s. 128; 1990, c. 73, s. 62; 2001, c. 26, s. 147; 2002, c. 80, s. 71; 2015, c. 15, s. 237.

2003-05-01

128. Where the Commission des relations du travail considers that the employee has been dismissed without good and sufficient cause, the Commission may

(1)  order the employer to reinstate the employee;

(2)  order the employer to pay to the employee an indemnity up to a maximum equivalent to the wage he would normally have earned had he not been dismissed;

(3)  render any other decision the Commission believes fair and reasonable, taking into account all the circumstances of the matter.

However, in the case of a domestic or a person whose exclusive duty is to take care of or provide care to a child or to a sick, handicapped or aged person, the Commission des relations du travail may only order the payment to the employee of an indemnity corresponding to the wage and other benefits of which he was deprived due to dismissal.

1979, c. 45, s. 128; 1990, c. 73, s. 62; 2001, c. 26, s. 147; 2002, c. 80, s. 71.

2002-11-25

128. Where the Commission des relations du travail considers that the employee has been dismissed without good and sufficient cause, the Commission may

(1)  order the employer to reinstate the employee;

(2)  order the employer to pay to the employee an indemnity up to a maximum equivalent to the wage he would normally have earned had he not been dismissed;

(3)  render any other decision the Commission believes fair and reasonable, taking into account all the circumstances of the matter.

However, in the case of a domestic, the Commission des relations du travail may only order the payment to the employee of an indemnity corresponding to the wage and other benefits of which he was deprived due to dismissal up to a maximum period of three months.

1979, c. 45, s. 128; 1990, c. 73, s. 62; 2001, c. 26, s. 147.

1991-06-01

128. Where the labour commissioner considers that the employee has not been dismissed for good and sufficient cause, he may

(1)  order the employer to reinstate the employee;

(2)  order the employer to pay to the employee an indemnity up to a maximum equivalent to the wage he would normally have earned had he not been dismissed;

(3)  render any other decision he believes fair and reasonable, taking into account all the circumstances of the matter.

However, in the case of a domestic, the labour commissioner may only order the payment to the employee of an indemnity corresponding to the wage and other benefits of which he was deprived due to dismissal up to a maximum period of three months.

1979, c. 45, s. 128; 1990, c. 73, s. 62.

1980-04-16

128. Where the arbitrator considers that the employee has not been dismissed for good and sufficient cause, he may

(1)  order the employer to reinstate the employee;

(2)  order the employer to pay to the employee an indemnity up to a maximum equivalent to the wage he would normally have earned had he not been dismissed;

(3)  render any other decision he believes fair and reasonable, taking into account all the circumstances of the matter.

However, in the case of a domestic, the arbitrator may only order the payment to the employee of an indemnity corresponding to the wage and other benefits of which he was deprived due to dismissal up to a maximum period of three months.

1979, c. 45, s. 128.