Making a Complaint

"My boss laid me off, and won't pay the wages I'm owed. What can I do?"

"I'm being paid less than the minimum wage. Is there any way to force my employer to pay up?"

"I was fired—for no reason. I want my job back. Can I do anything about it?"

In every province and territory, workers who feel their boss has broken the employment standards law can file a complaint. But they should be aware that there are often time limits for filing, and that complaints can take a long time to resolve. Government cutbacks mean that in general there are fewer employment standards officers available to deal with complaints.

In some jurisdictions, workers must go through an extra hoop before they can lodge a formal complaint. In some others, complaints can be refused if employment standards staff feel there are other ways the worker should try to deal with it first. In B.C., a worker has to use a Self-Help Kit to try to solve the problem first, otherwise the branch won't accept the complaint. In Prince Edward Island, workers also have to first try to resolve the issue with their employer on their own, including recovering wages or other entitlements they're owed.

Only in Québec are non-union workers offered free legal assistance from the government when there are hearings into their complaints. In other jurisdictions, workers are on their own.

Union members are covered by collective agreements that usually contain better protection than employment standards laws. They have access to a grievance procedure and union representation when their rights are violated.

Last Updated: 04.01.07