The Employment Standards Branch employs a self-help model for the initiation of complaints under the Employment Standards Act. The process is intended to allow employees and employers to solve many employment-related problems without immediate government intervention. If a problem cannot be resolved, the Branch will try to facilitate a resolution or, if necessary, issue a decision.
It is important to note that, except in unusual circumstances, the Employment Standards Branch will not accept a complaint unless an employee has taken the required steps to try to resolve the problem. This includes using the self-help kit that is available from any Employment Standards Office and on the Internet. To explore the kit, visit Employment Standards Act - Self-Help Kit and Important Information for Employers about the Employment Standards Self-Help Kit.
Initiating the complaint process
The right to file a complaint is not limited to employees. Section 74 of the ESA allows an employee, former employee or other person to make a complaint to the Director of Employment Standards that the act or its regulations have been contravened.
A complaint relating to an employee whose employment has terminated must be delivered to the Branch within six months after the last day of employment. With few exceptions, an employee may file a complaint at any time during the employment with the employer alleged to have breached a provision of the act. However, the employee cannot recover wages owing before six months prior to the complaint being filed. Note that these time limits for filing a complaint are mandatory and cannot be waived by the Director.
When an employer receives a complaint through the self-help kit process, the employer must respond directly to the employee within 15 calendar days. If the employer fails to respond to the employee within 15 days, the Branch will seek a response to the complaint from the employer. Because the Branch views the use of self-help kits as a necessary first step in the complaint process, it is advisable for employers to make all reasonable efforts to resolve the complaint, or at least respond to the complaint through this process.
If a complaint is not resolved through the use of the kit, the employee may file the complaint with the Branch. The complaint must be in writing and must be delivered to an office of the Branch.
The Employment Standards Branch has the discretion to refuse to accept a complaint or take any action in respect of a complaint in certain circumstances. To determine whether these circumstances apply to you, visit Employment Standards Act - Investigations for more information.
For more general information about the complaint process under the Act, visit Employment Standards Branch - Filing a Complaint.
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