Federally regulated employees - Filing a labour standards complaint with the Labour Program: Eligibility and timelines
3. Eligibility and timelines
In this section
The Canada Labour Code provides a process to address federal labour standards complaints. There are timeframes that need to be followed and they vary depending on the type of complaint.
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
Note:
If you were dismissed by your employer and you are eligible to file an unjust dismissal complaint , you must file this type of complaint instead of a monetary complaint to claim amounts for termination pay and/or severance pay. However, if you are not eligible to file an unjust dismissal complaint, you must file a monetary complaint to claim these amounts.
If you have any doubts regarding which type of complaint to file to claim termination pay and/or severance pay, you may want to:
- file both an unjust dismissal and a monetary complaint to protect your rights; or
- contact the Labour Program at 1-800-641-4049 for any questions.
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
Note:
If you are not eligible to file an unjust dismissal complaint and believe you are entitled to termination pay and/or severance pay , you must file a monetary complaint.
If you have any doubts regarding which type of complaint to file regarding the above, you may want to:
- file both an unjust dismissal and a monetary complaint to protect your rights; or
- contact the Labour Program at 1-800-641-4049 for any questions.
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:
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 Labour Program 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 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 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 Labour Program 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 time limit, and/or
- an unjust dismissal or genetic testing complaint within the 90-day time limit
Page details
- Date modified: