Any person may file a complaint against an employer under the Employment Standards Act. The complaint must be in writing, and be delivered to a Branch office within 6 months after the alleged contravention. Where the complaint is from a terminated employee, it must be made within 6 months after the last day of employment. Complaint forms are available at any Branch office.
Anyone filing a complaint may request that their identity be kept confidential. Their identity may only be disclosed if it is necessary for a proceeding under the Act, or the Branch considers disclosure to be in the public interest.
An employer may not fire or threaten to fire an employee who files a complaint, nor may an employer coerce, intimidate or penalize a person because of a potential or actual complaint, investigation or appeal under the Act.
The Branch is required to investigate every complaint filed unless:
Branch staff may also conduct investigations without receiving a complaint, and may assist the parties in resolving a complaint or a matter under investigation.
Branch staff may enter workplaces, inspect and remove records, require persons to disclose information, and require the delivery of records.
If an investigation finds that the Act or Regulation have been contravened, the Branch may issue a decision, called a "determination," to require compliance. Any person named in a determination must receive a copy of it. A determination must include the reasons for the decision and details of any amounts payable and penalties imposed.
If a contravention involves leave, false representations concerning work, or mistreatment because of a complaint or investigation under the Act, the Branch may also require an employer to hire or reinstate a person and pay any wages lost by the contravention (or pay the person compensation instead of reinstatement), and pay the person's expenses incurred as a result of the contravention.
If the Branch determines that an employee's hours of work are excessive, it may order the employer to reduce the hours. Failure to comply with such an order may result in the employer being required to pay additional overtime. An employer must post a copy of any determination limiting employees' hours of work.
The Branch must dismiss a complaint if neither the Act nor the Regulation has been violated. The Branch may also vary or cancel a determination which it has previously made.
An employer may be liable for unpaid wages that became payable in the 24 months before the complaint was filed or the employment was terminated, whichever occurred first. In the case of an investigation without a complaint, an employer may be liable for any unpaid wages that became payable in the 24 months before the Branch notified the employer of the investigation. An employer may also be required pay interest on any unpaid wages.
A person served with a determination has the right to appeal the determination to the Employment Standards Tribunal. An appeal must be in writing and be filed with the Tribunal within 8 days if the determination was personally served, or within 23 days if it was served by registered mail.
A person filing an appeal may ask the Tribunal to suspend a determination during the appeal period. The Tribunal may grant the request if the person pays to the Branch either the full amount payable under the determination, or a smaller amount set by the Tribunal. Interest accrues on all wages held in trust.
The Tribunal may cancel, confirm, or vary a determination with or without a hearing, or refer a matter back to the Branch. The Tribunal may also reconsider an order or decision which it has made.
Written copies of an order made by the Tribunal and the reasons for it must be made available to the person who requested the appeal and to other parties who were notified of the appeal.
back | top of page | toc | next