Complaint Labour Standards

Responding to a COMPLAINT

Once a complaint has been filed, the complainant will receive an acknowledgement letter which provides the name and telephone number of the inspector assigned to the file.

Complaint and INVESTIGATION

The inspector will review the complaint in order to determine its admissibility, i.e., whether the employer's operations are covered by the Code and whether the nature of the complaint is related to the Code. Where appropriate, the inspector will inform the employer of the filed complaint and will conduct an investigation accordingly.

Letter of DETERMINATION

Once the investigation is completed, the inspector will issue a preliminary letter of determination, advising on whether or not a violation of the Code exists. At this point, either party who disagrees with the inspector should inform the inspector, with reasons. The inspector will review these reasons and make a final determination, and the parties will be informed in writing.

Notice of unfounded COMPLAINT

If the inspector concludes that the employer has complied with the Code, he or she will send a document entitled "Notice of Unfounded Complaint" to the parties.

Recovery of WAGES

If the inspector concludes that the employer owes an amount provided for by the Code, the inspector will obtain payment from the employer, forward it to the complainant and close the file. If the employer refuses to pay or to provide supplementary reasons disputing the inspector's decision, the inspector issues the employer a payment order.

If the employer does not pay the amount stated in the payment order or does not file an appeal, the regional director may issue a payment order to the employer's debtors.

When recovery of the amount from the employer appears impossible or unlikely, the inspector may issue a payment order to the company's directors.

APPEAL

The parties involved in the payment order or notice of unfounded complaint may file an appeal. The appeal must be made in writing to the Minister of Labour within fifteen days of receiving the order or notice. The Minister will then appoint a Referee to hear the parties. The Referee will adjudicate the appeal and make a formal decision.

If no payment or appeal is made against a payment order, the complainant may request, in writing to the Minister, that the order be registered in the Federal Court. The payment order is then considered a Federal Court judgment.

Once the order is registered in the Federal Court, the Labour Program can take no further action and the complainant is responsible for taking the necessary steps to execute the judgment.

Cat. No. RH54-14/2003
ISBN 0-662-67290-9