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CONSTRUCTIVE DISMISSAL

Labor and employment law

If you are an employee within the meaning of the Act respecting labour standards and you have two years of continuous service in a company and you believe that you have been dismissed without just and sufficient cause, you may make a complaint in writing to the Commission des normes, de l’équité, de la santé et de la sécurité du travail. You have 45 days to make the complaint, unless you have an exception.

If the Commission is unable to reach a settlement, it will refer the complaint to the Tribunal administratif du Québec.

If the Tribunal administratif du Québec considers that you were dismissed without just and sufficient cause, it may order your employer to reinstate you, pay you compensation or make any other decision that it considers fair and reasonable in the circumstances.

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