Catherine Deslauriers

Profile

Associate

Catherine Deslauriers is a member in the Labour and Employment law group. She has a special interest in construction, occupational health and safety, worker’s compensation (financing and/or compensation of employment injuries), penal law and the management of cases involving medical concepts, such as cases related to disability or absenteeism.

Catherine is often called upon to intervene in investigations being conducted by different public bodies, such as the CNESST, the CCQ and autonomous auditing units like UPAC-CCQ and in investigation conducted by different parity committee. In particular, she has assisted employers in carrying out investigations following serious or fatal workplace accidents. She has also intervened on matters of subjection of construction projects to the R-20 Act. She has been involved in the implementation of work procedures in companies to ensure compliance with occupational health and safety legislation, as well as with auditing and improving internal mechanisms to control risks and dangers present in the workplace environment.

On numerous occasions, Catherine has managed and pleaded cases before the Administrative Labour Tribunal’s (Occupational Health and Safety and Labour Relations divisions), as well as before grievance arbitrators, the Court of Quebec (Criminal and Penal Division and Civil Division) and the Superior Court.

Catherine not only has litigation experience, but she is also ready and willing to accompany employers in their daily handling of workplace injury or occupational disease cases accepted by the CNESST, develop strategies to manage employee absenteeism, including both disciplinary and administrative aspects, as well as employee disability cases, develop strategies to improve the working environment, through policies, forms and training, and by implementing concrete measures and to find solutions to avoid costly disputes and foster agreement between contending parties.

In short, through her past experience in the CNESST’s Occupational Health and Safety Branch, as well her experience in the legal department of an employers’ association in the construction industry, Catherine has developed a special expertise that has proven to be a real asset in many ways.

Representatives mandates

Catherine Deslauriers, in the area of occupational health and safety, has represented and negotiated on behalf of various clients in cases of industrial accidents and occupational diseases, financing or prevention and inspection before the Tribunal administratif du travail.

  • Defended companies before the Criminal and Penal Chamber of the Court of Québec that have been accused under occupational health and safety statutes and regulations or the Act respecting labour relations, vocational training and workforce management in the construction industry and its regulations.
  • Advises and makes representations on behalf of different employers before grievance arbitrators
  • Represented a company against a public body that was refusing to perform its legal obligations
  • Participated in various negotiations in the construction industry to settle jurisdictional conflicts between different trades
  • Pleaded subjection issues in the construction industry affecting a key area of the energy sector
  • Successfully pleaded an application for judicial review against two decisions of an administrative tribunal which had wrongfully awarded benefits

Publications

  • Criminal negligence of an employer: imposition of a severe and onerous penalty, 2020
  • Collaboration Between the CNESST and the CDPDJ Regarding Discriminatory Harassment: What Every Employer Needs to Know, 2019
  • The Quebec Court of Appeal Con rms the Power of the Administrative Labour Tribunal to Determine a Worker’s Capacity to Return to Pre-Injury Employment on a Case-By-Case Basis, 2018
  •  “What’s the Origin of Your Name?’ – a Discriminatory Question or Not?”, September 2018
  • “L’immunité législative – MYTHE OU RÉALITÉ?” (Parliamentary immunity – MYTH OR REALITY?), Travail et santé magazine, June 2018
  • “A Fatal Workplace Accident: A Company President Convicted of Manslaughter”, March 2018
  •  “Dépistage de drogue et d’alcool – PERMIS OU NON?” (Drug and alcohol testing – ALLOWED OR NOT?), Travail et santé magazine, March 2018
  • “The Supervac Decision: The Court of Appeal Ruling”, February 2018
  •  “Maîtrise d’oeuvre : Inapplicable aux entreprises de compétence fédérale” (The role of prime contractor: Not applicable to businesses under federal jurisdiction), Travail et santé magazine, December 2017
  • “Deconstructing Industry-Based Prejudices: Sexual Harassment in 2017”, November 2017
  • “Accidents Graves : Savoir les gérer” (Serious Accidents: Know how to manage them), Travail et santé magazine, September 2017
  • “Transfert de coûts: Possible suite à un congédiement?” (Cost transfer: Possible following a dismissal?), Travail et santé magazine, June 2017
  •  “The Impact of a Dismissal on the Costs of a Workplace Injury in Québec”, March 2017
  • “The Limited Rights of Unionized Employees to Sue Without the Consent of the Union That Has Breached Its Obligation of Representation”, November 2016

Lectures

  • Lecture for the Canadian Association of Conseil to Employer (CACE), Sujet: The impact of Covid-19 on the workplace: The “new normal”, September 9, 2021
  • Lecture for Lavery clients, Roles, responsibilities and obligations of the supervisor, August 27, 2021
  • CNESST Worker’s Compensation Claims, An Overview of the Regime and Practical Tools for an Efficient Management, Avril 23, 2021
  • Lecture for the Lavery clients, Occupational injuries: when? How? Why? March 31, 2021
  • Series of Workshops on Construction Law 2019 | Non-Compliance of the Act Respecting Occupational Health and Safety: Much More Than Fines!, 2019
  • Series of Workshops on Labour and Employment Law 2019-2020 | Non Compliance of the Act Respecting Occupational Health and Safety: Much More Than Fines!, 2019
  • Symposium 2019 – Labour & Employment Law, 2019
  • Construction law: major decisions in 2018, 2019
  • Le harcèlement au travail et la gestion des plaintes en milieu de travail” (Harassment at work and managing complaints in the workplace), March 2019
  • Training session for women in the construction industry, on serious and fatal accidents on construction sites, Les Elles de la construction, June 2018
  • ‘‘La légalisation de la marijuana : les droits et obligations de l’employeur’’ (Legalized marijuana: the employer’s rights and obligations), Montréal, April 2018
  • Non c’est non – Outils pratiques pour contrôler le harcèlement au travail” (‘No’ means ‘no’ – Practical tools for controlling workplace harassment), Québec, January 2018
  • “Carrying Out Construction Work in Quebec – An introduction”, Toronto, November 2017
  • Trucs et astuces pour une filature utile” (Tips and tricks for effective surveillance), May 2017
  • L’ABC de la gestion de l’absentéisme” (The ABCs of managing absenteeism), April and May 2017
  • “Effective Crisis Management: How to Manage Issues Relating to the Workplace”, March 2017
  • La gestion des médias sociaux, un nouveau dé dans les milieux de travail” (Managing social media: a new challenge in the workplace), February 2017
  • L’importance de gérer les dossiers d’accidents du travail et de maladies professionnelles et les méthodes pour y parvenir” (The importance of managing workplace accident and occupational disease records and methods for doing so), December 2016
  • “Regulation concerning safe management of asbestos”, November 2016
  • “Workplace Accident or Crime Scene? How to Prevent and Manage Serious or Deadly Workplace Accidents”, Annual Labour and Employment Law Conference, Toronto, November 2016
  • Accidents sévères : comment les prévenir et les gérer, et leurs incidences en matière criminelle” (Serious accidents: prevention, management, and criminal law implications), Annual Labour and Employment Law Conference, Montréal, October 2016
  • “Labour Law Variances in Quebec”, September 2016
  • L’inapplicabilité du concept de maître d’œuvre aux entreprises de juridiction fédérale” (The non-applicability of the concept of the prime contractor to businesses under federal jurisdiction), Construction Law Symposium, Montréal, April 2016
  • Les obligations du maître-d’œuvre sur un chantier de construction et survol de la Loi R-20? (Obligations of prime contractors on construction sites and overview of Act R-20), July 2016

Education

  • LL.B., Université de Montréal, 2010
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