Filing a Complaint with Employment Standards

The Employment Standards Code and Employment Standards Regulation establish minimum standards of employment for most employers and employees working in Alberta.  Alberta Human Resources and Employment, Employment Standards, will assist employees and employers to resolve differences concerning the interpretation, application and enforcement of these standards.

Minimum standards include: 

• payment of earnings
• deductions from earnings
• minimum wage
• payroll records
• pay stubs
• termination notice/pay
• hours of work and rest
• overtime hours and pay
• general holiday pay
• vacation pay
• maternity and parental leave
• rules concerning the employment of adolescents (employees 12-14 years old) and young persons (employees 15-17 years old)

Some workplace issues are not addressed by Employment Standards. These include:

• The issuance of a Record of Employment (ROE) - contact Human Resources and Skills Development Canada, Employment Insurance toll-free at 1-800-561-3992

• Discrimination in the area of employment practices, job ads and applications - contact Alberta Human Rights and Citizenship Commission in Edmonton at (780) 427-7661 or in Calgary at (403) 297-6571.  To be connected toll-free from outside the Edmonton and Calgary areas, dial 310-0000, then the area code and number you are calling.

• Recovery of expenses incurred while on the job (living expenses, gasoline, meal expenses) - for information on recovering expenses please contact the nearest Provincial Court, Civil Division.

• The issuance of T4 Slips - contact the Canada Revenue Agency toll-free at 1-800-959-8281 or 1-800-267-6999.

Must a written complaint be filed with Employment Standards within a specified period of time?

Yes.  You must file a complaint with Employment Standards within six (6) months of your last day of employment.

If more than six (6) months has passed, the Director of Employment Standards may grant an extension if the Director considers there were extenuating circumstances.  For example, the Director has extended time limits when:

• through illness or incapacity an employee was unable to file a claim.
• an arbitration award held that no remedy was provided for an employee under a collective agreement.

To request an extension to file a complaint, write a letter outlining your extenuating circumstances to:

Alberta Human Resources and Employment
Director of Employment Standards
Main Floor, 9940 - 106 Street
Edmonton AB T5K 2N2
Where can I get information about Alberta's employment standards?

You can find Employment Standards information by:

• reviewing the Employment Standards web site
• checking Employment Standards publications
• Calling the Employment Standards Contact Centre at (780) 427-3731.  To be connected toll-free province-wide, call 310-0000 and dial (780) 427-3731.
• Drop in to your local Employment Standards Office

Is there any action I can take to resolve my concerns without direct government intervention?

Yes.  Before filing a written complaint, employees are expected to attempt recovery of unpaid earnings directly with their employer.  In order to assist you in this regard, Employment Standards has designed an Employee Self-Help Kit.

Must a Self-Help Kit be used in all circumstances?

An employee is not required to use the Self-Help Kit in the following circumstances:

• if your employment terminated more than five months ago.
• if your employer has ceased operations by way of a business closure or receivership.
• if you have received an NSF cheque from your employer.  

Document Title and Description	Date (dd/mm/yy)	Format
Employee Self-Help Kit If none of the above circumstances apply to you, proceed with the Employee Self-Help Kit. The Self-Help Kit is the first step in trying to settle your dispute for outstanding earnings.  The Self-Help Kit has been designed to provide you and your employer with relevant information on basic employee/employer rights and responsibilities in the workplace.	01/04/05
Complaint by Employee If any of the above circumstances apply to you, or you have already used the Self-Help Kit, proceed directly to the Complaint by Employee.  Complete and deliver the Complaint by Employee Form if you were unable to resolve your employee/employer differences yourself.	01/04/05

Can I file a confidential complaint regarding my current employment?

Yes. Employment Standards will accept a written complaint from a current employee and endeavor to resolve the matter without revealing the name of the employee. For more information, see Filing a Confidential Complaint.