Monette Barakett

4, Place Ville Marie
Suite 600
Montréal (Québec) H3B 2E7

Tel. : 514 878-9381
Fax : 514 878-3957

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Admission to the bar

1986

Academic training

LL.B., Université de Montréal,1985
LL.M., Université de Sherbrooke, 2000

Profile

Anne-Marie’s sense of priorities and organization were well-earned as she pursued her career alongside raising four children. Having settled and pleaded a great number of cases before the courts, Anne-Marie is known as a skillful litigator with a friendly demeanour. She has a marked interest in alternative means of conflict resolution and excels when it comes to finding creative solutions to address delicate situations.

She joined Monette Barakett in 1985 and became partner in 1997. She has served on a number of the firm’s committees and has been a member of its executive committee.     

From the start of her career, Anne-Marie’s practice has specialized in labour relations and work attendance management in the field of occupational health and safety. She is most called upon to address medico-legal matters, specifically as they relate to pre-hiring health questionnaires, substance use, and accommodation obligations. Her expertise is also sought after when it comes to questions of psychological harassment, namely to investigate cases either as an instructor or employer representative. She is consulted about litigious cases and regularly pleads before grievance arbitrators and administrative tribunals, such as Québec’s administrative labour tribunal. She represents employers from both the public and private sectors.

Publications

On issues of safe maternity — La Maternité sans danger : évolution de la notion de danger

Québec bar association professional development service, 1996, volume 72 (published by Éditions Yvon Blais)

On issues of workplace psychological harassment — Harcèlement psychologique en milieu de travail

Notary public professional development course, 2013, volume 1 (published by Éditions Yvon Blais)

Harcèlement psychologique: une compétence identique pour la CRT et la CLP?

VigieRT, 2014-2015 edition, April 2014

On issues of labour relations — L'outrage au tribunal dans le cadre des relations de travail

VigieRT, 2014-2015 edition, January 2014

La perte temporaire d'un permis de pratique peut entraîner un congédiement

VigieRT, 2012-2013 edition, October 2013

On issues of occupational health and safety — Les frais médicaux après la consolidation d'une lésion professionnelle doivent-ils être imputés à l'employeur?

VigieRT, 2012-2013 edition, June 2012

Partage ou transfert des coûts à la CSST, revus de la jurisprudence récente

Effectif, volume 15, no. 4, Sept/Oct 2012

L'obligation d'accommodement dans un contexte de santé mentale

Effectif, volume 13, no. 5, Nov/Dec 2010

Conferences

Best practices for contesting psychological harassment claims before the CNESST

Managing complex psychological harassment situations

Roundtable on landmark labour law decisions

Tips for preparing administrative labour tribunal cases

Managing pressure tactics

Workplace civility and social conflict

Psychological harassment procedural overview for legal advisors

Legal underpinnings of pre-hiring medical assessments, misrepresentations and accommodation

Substance abuse issues

Managing excessive absenteeism

Assigning occupational injuries costs - Overview of principles

Recent psychological harassment jurisprudence

Recent disability insurance jurisprudence

Occupational illnesses in the health and social services sector

The obligation to accommodate

Obligation of civility

Workplace injury investigations

Surveillance

Occupational illnesses

Preparing employment injury cost assignment requests

Achievements, implications, awards

Anne-Marie earned her master’s degree in law and healthcare policy from Université de Sherbrooke in 2000. Her thesis focused on the preventive withdrawal of pregnant employees in the health and social service sector.

She is a member of the CHRA, Québec’s order of certified HR professionals, and as such has authored many articles as well as presented lectures and webinars.

Anne-Marie is also an accredited mediator with the Québec bar association specialized in labour relations as well as a member of Québec’s accreditation body for mediation and arbitration specialists (IMAQ).

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