Complaints

The following questions and answers are for information purposes only. For actual interpretation and application purposes refer to the Employment Standards Act and regulations, or contact an Employment Standards Officer in the Labour Services Office on the 3rd Floor of the Law Centre, 2130-2nd Avenue, Whitehorse, Yukon or call (867) 667-5944 (toll free within the Yukon 1-800-661-0408 extension 5944).

1. Are there time limits for filing employment standards complaints?
   
   A complaint must be filed at Labour Services within 6 months of the day the wages should have been paid or the day the issue arose.
   
   
2. Who can file a complaint?
   
   Any employee who believes they have not been treated in accordance with the Employment Standards Act can file a complaint. The Director of Employment Standards can also initiate a complaint if there is reason to believe there are violations of the Act.
   
   
3. Can a third party file a complaint that an employer is violating the Act?
   
   Any person may make a complaint that an employer is or has violated a provision of the Employment Standards Act. The Director will not accept a complaint based on rumour or innuendo. Reasonable and probable cause must be established. Cause can be established through, for instance, a payroll statement showing an employee worked overtime but was not paid at the time and one-half rate. In some cases, the complainant will be required to swear an affidavit attesting to the truth of their statement regarding the complaint.
   
   Anyone who knowingly files a false third party complaint commits an offense and is liable on summary conviction to a fine not exceeding $10,000.
   
   
4. How must a complaint be filed?
   
   A complaint may be filed in person, by letter, or by telephone. If the complainant is unable to come to the Labour Services offices, a complaint form will be mailed out. An employee filing a complaint by telephone will be asked to send a letter of confirmation.
   
   
5. What information must the employee provide when filing a complaint?
   
   The employee should be prepared to supply details of their employment such as date of hire and termination, hours of work, wage rate, location, etc. If the employee kept an independent record of the hours of work, those should be supplied as well as copies of their pay slips and Record of Employment. Additional information about the employer such as the business name, owner or manager, and the employer's financial status, is also useful.
   
   
6. What happens after the complaint is filed?
   
   The Employment Standards Officer will investigate the complaint and determine the proper course of action. During the investigation, the officer will discuss the complaint with the employer, the employee, and any other person who has relevant information and will also attempt to find a solution acceptable to both parties. If the officer is unable to resolve the complaint, a certificate may be issued or court proceedings may be initiated.
   
   
7. How soon can an employee expect a complaint to be resolved?
   
   The employee should not expect an immediate resolution. The time it takes to resolve a complaint is affected by the timeliness of the complaint, the validity of the complainant's information, the availability of the employer and the employer's records, the financial position of the employer, the employer's and the complainant's right to dispute or to appeal results of the investigation, and the need for court action to resolve the complaint.
   
   
8. What are the employer's obligations when responding to a complaint?
   
   The employer may be requested to produce payroll records and other documents the officer considers relevant to the complaint. If the employer fails to comply with the request, the officer can obtain a court order requiring the employer to produce the records or can prosecute the employer for failing to produce the records.
   
   Employers are encouraged to co-operate with the officer in order to obtain a speedy resolution satisfactory to both employer and employee.
   
   
9. Can the employer be charged for failing to respond to the complaint or for failing to comply with the requirements of the Act?
   
   Labour Services is interested in education and equitable settlements, not in prosecution. Court action is taken only when all other means of resolution have failed.
   
   
10. What protection is available to the employee after a complaint is filed?
    
    An employee can request that their name be kept confidential when filing a complaint. In that case, the complainant's name will not be released unless absolutely necessary.