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Filing a Formal Employment Complaint

How do I file a formal complaint to Employment Standards?

You must try to recover any outstanding wages or entitlements before you file a formal complaint with Employment Standards.

Important Information
You should also be aware that your complaint may be refused if:

  • You have not attempted to resolve it yourself;
  • There is no evidence to support the complaint;
  • There are other ways to resolve the complaint (i.e. grievance procedure under collective agreement); and
  • Another remedy has been attempted or undertaken (i.e. court action).
Before filing your complaint with the Employment Standards Branch, you should consider the following:
  • You must choose which course of action you want to take to settle your complaint. You cannot pursue more than one action on the same issue. If you choose, for example, to initiate legal action in the courts, Employment Standards may not be able to assist you.
Remember
Your prompt action can result in a faster and more satisfactory solution of your concerns. Employment Standards will consider the 12 month period prior to a formal complaint being received in our office.

Writing a Letter to Your Employer
Your first step in trying to settle your claim should be to write a letter to your employer explaining your complaint.
If you are unable to settle your claim, you may then file a formal complaint with Employment Standards by submitting your application online or mailing it directly to the government employee responsible for processing your claim. When you make a claim, submit a copy of the letter you gave your employer along with any other records (pay stubs, NSF cheques, record of hours worked, Record of Employment, etc) that you have.

The Guide to Employment Standards is available online as a PDF document.

Application forms are available at your nearest Access PEI site or from the Related Forms section of this page.

Forms

Complaint Filed Under the P.E.I. Employment Standards Act

File your complaint here if you have not been able to resolve the issue with your employer.

*Submit this form online

*Printable version of this form [152 KB PDF File]

Contact

Charlottetown

J. Elmer Blanchard Building

Yeo, Robert (Chief Labour Standards Officer) Province of PEI

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