Federally regulated employees - Filing a labour standards complaint with the Labour Program: Eligibility and timelines

Monetary complaint

You must file your monetary complaint within 6 months from the last day your employer was required to pay you. Examples of monetary complaints related to:

• unpaid wages
  • wages for hours worked including overtime
  • vacation pay
  • general holiday pay
• other amounts owed:
  • severance pay
  • pay in lieu of notice of termination of employment

Non-monetary complaint

You must file your non-monetary complaint within 6 months from the day you were aware of the issue. Examples of non-monetary complaints:

• not receiving a response from your employer following a request for a flexible work arrangement
• not being granted authorized breaks

Unjust dismissal complaint

You must file your unjust dismissal complaint within 90 days from the date of dismissal.

To be eligible, you must:

• have at least 12 consecutive months of employment with the same employer
• not be covered by a collective agreement, and
• not be a manager

Complaints related to genetic testing

If your complaint is related to the following disciplinary actions, you must file your complaint no later than 90 days after the date on which you knew of the action or circumstances giving rise to the complaint:

• on the basis of a genetic test results
• because you refused to take a genetic test, or
• because you refused to disclose the results of a genetic test

Note: If your complaint is related to your employer collecting or using the genetic test results without your written consent, you must file a non-monetary complaint within 6 months from the date on which the subject matter of the complaint arose.

If your complaint is related to third-party disclosure of genetic testing results, you must file it with:

• the provincial or territorial Privacy Commissioner, or
• the Privacy Commissioner of Canada

For more information on genetic testing, consult: Rights of federally regulated employees related to genetic testing.

Extension of time to file a complaint

You may be eligible for an extension of time to file a complaint if you:

• filed a complaint with another government official
• filed a complaint under the wrong complaint category, or
• filed a complaint that was incomplete or contained an error

Filed a complaint with another government official

If you have filed a complaint with another department or agency, an extension of time to file a complaint with the Labour Program may be provided to you if:

• the government official receiving your complaint has no authority to deal with the complaint, and
• your complaint is made within the timelines

If that is the case, you must complete the “Eligibility for an extension of time to file a complaint” section on your complaint form and enclose copies of relevant documents.

Examples of another department or agency include:

• a provincial government, or
• territorial government

Filed a complaint under the wrong complaint category

The Head of Compliance and Enforcement or delegated official may extend the 90-day deadline:

• for filing an unjust dismissal complaint if you previously filed either a genetic testing or a reprisal complaint within the 90-day statutory time limit and it was withdrawn
• for filing a genetic testing complaint if you previously filed either an unjust dismissal or a reprisal complaint within the 90-day statutory time limit and it was withdrawn

To request an extension of time, you must first withdraw your previous complaint. You must then file another complaint under the correct category and complete the section “Eligibility for an extension of time to file a complaint”.

Reprisal complaints are filed with the Canada Industrial Relations Board. For more information on reprisals, consult the Protection from reprisals webpage.

Filed a complaint that was incomplete or contained an error

The Head of Compliance and Enforcement or a delegated official may extend the deadline for filing a complaint if your previous complaint was incomplete or contained an error. You must have previously filed:

• a monetary or non-monetary complaint within the 6-month statutory time limit, and/or
• an unjust dismissal or genetic testing complaint within the 90-day statutory time limit

• Previous 2. Before you file a complaint
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