Executive Summary: Key Legal and Evidentiary Issues

• Dispute over whether Reza Azarpoor was an employee or an associate under the Loi sur les normes du travail (L.n.t.).

• Application of the doctrine of res judicata and abuse of process regarding the Tribunal administratif du travail’s prior decision.

• CNESST’s authority to represent employees and claim unpaid wages and benefits on their behalf.

• Determination of whether the employer’s arguments could be re-litigated in light of administrative tribunal findings.

• Calculation and proof of unpaid wages and statutory indemnities for four employees.

• Award of additional indemnity and legal costs based on statutory provisions and the employer’s conduct.

Facts and outcome of the case

Background and facts

The Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) brought an action on behalf of four employees—Reza Azarpoor, Toufic Geagea, Alexandre Mossafai, and Alex Rakobowchuk—against their former employer, 9340-6288 Québec Inc., which operated a restaurant in Montreal. The CNESST sought payment of unpaid wages and statutory benefits under the Loi sur les normes du travail (L.n.t.), alleging that the employer failed to pay these amounts. In parallel, Reza Azarpoor had filed a complaint before the Tribunal administratif du travail (TAT), claiming psychological harassment and contesting his dismissal. The employer argued that Azarpoor was not an employee but an associate, and thus not entitled to protections under the L.n.t.

The TAT previously ruled that Azarpoor was indeed an employee, had suffered psychological harassment, and ordered his reinstatement. The employer’s attempts to challenge this finding through revision requests were unsuccessful, and no judicial review was filed. In the present proceedings, the employer continued to argue that Azarpoor was not an employee, while admitting the employment status and claims of the other three workers.

Legal issues and analysis

The court examined whether it was bound by the TAT’s determination that Azarpoor was an employee. It applied the doctrine of res judicata, which prevents re-litigation of issues already decided between the same parties, and found that all three conditions—identity of parties, object, and cause—were met. The court also considered the doctrine of abuse of process, concluding that the employer’s attempt to re-litigate Azarpoor’s status was improper, especially since the employer had already exhausted available remedies before the TAT.

Regarding the claims for unpaid wages and benefits, the court found that the CNESST had provided sufficient evidence, including payroll records and testimony, to substantiate the amounts owed to each employee. The employer did not provide contrary evidence, relying solely on its argument about Azarpoor’s employment status.

Outcome and amounts awarded

The court ruled in favor of the CNESST, confirming that Azarpoor was an employee and upholding the claims for all four workers. The employer, 9340-6288 Québec Inc., was ordered to pay a total of $28,129.88 (with interest from December 4, 2019) for unpaid wages and benefits, plus an additional statutory indemnity of $5,625.98 (also with legal interest from the same date). The court also awarded legal costs to the CNESST. The decision reinforces the finality of administrative tribunal findings and the broad powers of the CNESST to represent employees in wage claims.