Employees Have the Right to Be Promptly Informed of the Specifics of Accusations Against Them

Opinion

When employers schedule disciplinary meetings with employees, they should promptly inform the employee or the employee’s representative of the specifics of the accusations.

The Quebec Charter Charter of Rights and Freedoms protects your basic rights and freedoms. It is a fundamental law that all other Quebec laws are subject to in most situations. The rights and freedoms found in the Charter are not absolute and they can be limited, such as limiting freedom by laws against hate propaganda or child pornography.

Why Employers Should Respect Article 28.01

Article 28.1. Every accused person has a right to be promptly informed of the specific offence with which he is charged.

1. Chapter three of the Charter addresses judicial rights, nonetheless, a disciplinary meeting can lead to server sanctions or even termination of employment. Therefore, providing an obscure reason for a meeting such as ‘because of an incident’, is unacceptable and prevents the employee and employee’s representative of fair representation.
2. In criminal law, the accused is innocent until proven guilty, labour law is the opposite. A sentence is first applied, then often years later an arbitrator will render a verdict. In the meanwhile the employee is burdened with the sanction.

If Truth is The Objective

Previously to my retirement on October 2017, the McGill University Health Centre (MUHC) Labour Relations Department clearly affirmed on numerous occasions that at disciplinary meetings they represent the manager/supervisor.

If the goal of the disciplinary meeting is a quest for truth, which frequently offers three sides, his side, her side, and the truth. To assure fair practice, the specifics of the accusations must be promptly provided to the accused and before the meeting.