Federally regulated employees - Filing a labour standards complaint with the Labour Program: After you file a complaint
7. After you file a complaint
After you file a complaint with the Labour Program, you will receive a letter of acknowledgement.
If the complaint is admissible, the Labour Program will conduct an investigation. Where a contravention is found (monetary and non-monetary complaint), the Labour Program will ask your employer to correct to contravention(s).
If the Labour Program determines that wages or other amounts are owed, you may receive the monies directly from:
- your employer, or
- via the Labour Program
If your employer voluntarily complies and pay the wages or other amount found to be owed but you disagree with the amount paid, the Labour Program may issue a Notice of voluntary compliance. This will allow you to request a review.
If your employer does not voluntarily pay the wages or amounts that you are owed, the Labour Program will issue a Payment Order for the amounts owed to:
- the employer, or
- the director of the corporation
If the Labour Program doesn’t find a contravention, you:
- will receive the Labour Program’s findings in writing, and
- may receive a Notice of unfounded complaint, which advises that your employer is in compliance, including reasons why, and provides review rights
The Labour Program can recover unpaid wages up to 24 months before receipt of the complaint. If your employer or director do not comply with a Payment Order, the Labour Program can collect from an employer’s or director’s debtors, such as their bank.
When a request for review is made on a Payment Order, the Labour Program may accept a letter of credit in lieu of a monetary payment.
Unjust dismissal complaint and Genetic testing complaint
- The Labour Program will determine the admissibility of your complaint based on the eligibility and timelines to file a complaint
- If you and your employer agree, the Labour Program will assist you in the attempt to settle the complaint
- The file closes when you and your employer reach an agreement
If no agreement is reached, at the request of the complainant, the Labour Program may refer unresolved complaints to the Canada Industrial Relations Board (the “Board”).
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