In the field of business administration and human resources management in Quebec, the employee file is an official document rigorously regulated by law. Far from being a space for discretionary comments for management, it must reflect verifiable, objective and measurable facts. However, the recording of unfounded or misleading reasons by an immediate superior constitutes a serious legal error, which engages the liability of the organization and exceeds the legal limits of the right of management.
The legal framework and fundamental rights of the worker
Legally, this type of action directly contravenes the fundamental obligations of loyalty and good faith dictated by articles 1457 and 2087 of the Civil Code of Quebec. In addition, article 4 of the Charter of Human Rights and Freedoms guarantees each worker the right to dignity and the protection of their reputation. Arbitrarily modifying or blackening an employee’s profile with the aim of blocking their internal career progression transforms the performance evaluation into an act of psychological harassment within the meaning of the Labor Standards Act.
An illegal barrier to internal career progression
The repercussions of this managerial drift are manifested concretely during the staffing processes. When a qualified employee is unfairly passed over for promotion in favor of an external candidate, the personnel movement and employment priority clauses protected by the collective agreement are violated. The use of discretionary and biased grades to justify a refusal of a position constitutes a misuse of power that the Quebec regulatory framework strongly condemns.
The grievance mechanism and remedial powers
Faced with these abuses, the unionized environment offers robust legal defenses through the exclusive grievance mechanism. Labor relations arbitrators have extensive remedial powers to restore fairness. They can order the complete and definitive cleaning of the file, impose the granting of the refused position with full salary retroactivity, and order the employer to pay moral and punitive damages. If the toxicity of the work climate pushes the employee to resign, case law qualifies this forced termination as disguised dismissal, leading to even heavier financial sanctions for the company.
Serious consequences for organizational health
Beyond the legal aspect, this problem has systemic consequences on organizational and human health. Operating in an environment where performance data is falsified generates documented psychological distress, frequently leading to professional burnout or professional injuries recognized by the CNESST.
In short, sound corporate governance requires absolute transparency and ethical rigor. Managers must understand that the personnel file is a tool for administrative compliance, and not a mechanism for retaliation. The moral falsification of a professional history represents a breach of organizational trust and a violation of Quebec laws that the courts do not tolerate
Martine Dallaire, B.B.A.