Making a Complaint
How do I make a complaint?
Employees should first discuss their concerns with their employers. There may have been a mistake or the employer may not realize there is a problem. If there is still a disagreement, employees may file a complaint with Employment Standards.
You can file a complaint with an employment standards officer over failure to pay regular or overtime wages, improper termination, or pay discrimination. You can call the Manitoba Government Employment Standards Inquiry lines at 1-800-821-4307 outside Winnipeg; (204) 945-3352 inside Winnipeg. Additonal contact information can be found on the Manitoba Employment Standards site.
Are there time limits?Claims must be filed within six months of the last day of work or when the incident happened.
Is my complaint confidential?
Talking to Employment Standards officers on the general inquiry line is confidential. Once a claim is filed, officers must investigate and must speak to anyone who has information about the claim, including the employer. That is the only way officers can make proper decisions.
How long does it take to process a claim?
In some cases, the claims are settled as soon as employees and employers get correct information. Many claims are closed in only a few weeks. Other claims are more complicated and can take months or years to complete.
Can my complaint be refused or dismissed?Your complaint can be refused, or an investigation stopped, if:
- you are taking another action on the same issue
- you've received redress before a court, tribunal or arbitrator, or by some other ruling
- the Employment Standards Branch is satisfied that you and your boss have settled the complaint
- your complaint can be dismissed if the investigating officer determines that the law hasn't been broken
Are there limits to the amount of wages I can recover?
Yes. The maximum amount you can recover is limited to wages due in the six months immediately before the date you file your complaint. If you've lost your job, the amount is limited to wages due in the last six months of employment.
If your complaint is related to vacation allowance or wages for a general holiday, the limit is wages due in the 22 months immediately before you file your complaint. If you've lost your job, the limit is wages due in the last 22 months you were employed.
For more information, please visit the Manitoba Filing a Claim Factsheet.