Need to Know

Determination of the real employer under the Act respecting Industrial Accidents and Occupational Diseases when a business entrusts the management of its human resources to a personnel agency

- Nicolas Joubert

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Generally, Labour Relations laws assume the interaction of two parties, an employer and an employee. The employee offers his services, for pay, to an employer, who determines the working conditions and ensures discipline. This is a bipartite relationship. However, when a business entrusts the management of its human resources to a personnel agency, there is a tripartite relationship. As the Supreme Court noted in the City of Pointe-Claire decision, these agencies occupy a growing place in the labour market. In a way, they play an intermediary role by supplying businesses with the services of the workers they recruit.

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