The TAT rules in favour of the FIQ: the employer must prevent violence and racism in home support services

Quebec City, le 26 May 2026 — The Fédération interprofessionnelle de la santé du Québec—FIQ is very pleased that the Administrative Labour Tribunal, occupational health and safety division (TAT-OHS), ruled in its favour on a major case regarding the prevention of violence toward home support services workers (SAD) in the employment of the CIUSSS du Nord-de-l’Île-de-Montréal.

This decision stems from a situation that unfolded over a period of nearly six years, in which an entire home-care team provided support to a service user who exhibited repeated violent behaviour: serious discriminatory insults, threats and physical aggression, including throwing objects and chasing staff in a wheelchair. It was a licensed practical nurse who reported the situation and filed a complaint. In 2022, the FIQ challenged the initial finding of the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), which had concluded that the employer’s measures were sufficient, arguing that this constituted a real and persistent danger, rather than a mere risk.

On May 15, the Tribunal clearly concluded that the employer had failed to fulfil several of its obligations under the Act respecting occupational health and safety (AOHS). In particular, the employer failed to identify, analyze and adequately monitor the risks of violence, to properly inform and train staff, to document and report incidents, to put effective protective measures in place, and to provide adequate support to workers who are victims of violence. The TAT-OHS also highlights significant structural problems, notably the lack of statistics on incidents of violence and inadequate information management, confined to confidential medical records.

The FIQ deplores the shortcomings in the management of violence within the healthcare system. “We are not talking about an isolated incident. This went on for over 6 years, with racist insults, threats, physical gestures on a daily basis… This cannot be dismissed as trivial. It has dramatic psychological consequences. Home care workers go to service users’ homes alone and should be able to work without fearing for their safety. Workers from diverse racial backgrounds should not have to endure derogatory comments or remarks. Respect for their dignity is non-negotiable,” stated Isabelle Roy, president of the Syndicat des professionnelles en soins du Nord-de-l’Île-de-Montréal (FIQ-SPSNIM).

The ruling orders the CNESST to resume monitoring the case and to accompany the employer in implementing corrective measures. “The employer is required to assess the risks and protect the workers. The Tribunal is confirming today that it was not done properly. Unfortunately, this case is far from unique and thanks to this ruling, we now have leverage to force the employer to take action,” said Ms. Roy.

The FIQ believes this decision sends a strong message to the entire health network. “This ruling is clear: violence and racism against staff must never be tolerated, and institutions must stop fumbling in the dark when it comes to patients’ behaviour. No one should have to endure this at work, and it is the legal responsibility of employers to ensure this does not happen. We will continue to press for real change on the ground,” emphasized Julie Bouchard, President of the FIQ.

The FIQ intends to closely monitor the implementation of the required corrective measures so that workers can finally enjoy a safe work environment free from any discriminatory comments or actions. It stressed the need to significantly improve information, training and intervention measures to prevent and manage violence. “Furthermore, the CNESST must have the resources to do its job properly. The key principles of the reform introduced by the Act to modernize the occupational health and safety regime are all well and good, but they need to be translated into concrete action on the ground, particularly with regard to psychosocial risks and mental health,” concluded Ms. Bouchard.