Compliance Complaints

Employers' duties include...

• protecting the health and safety of employees
• creating and implementing a Harassment and Violence Prevention Policy
• following the procedure required when a Notice of Occurrence is filed
• providing the required training concerning workplace harassment and violence

These are the steps that must be followed to make a compliance complaint:

• The employee notifies their supervisor, or person designated in the Harassment and Violence Prevention Policy, that the employer has failed to comply with the Canada Labour Code or its Regulations.
• The employee and their supervisor, or person designated in the Harassment and Violence Prevention Policy, must try to resolve the complaint as soon as possible.
• If the complaint is not resolved the employee can submit a complaint to the Labour Program.

There will be an investigation unless it is determined that the issue has been adequately dealt with under the Canada Labour Code, Workplace Harassment or Violence Prevention Regulations, the Canadian Human Rights Act or a collective agreement. The Labour Program can also decline to investigate if they think the complaint is an unjustified or unreasonable use of the process.

After the investigation the Labour Program can...

• recommend that the employee who made the complaint and the employer resolve the matter between themselves
• direct the employer or employee who made the complaint, or both, to stop any behaviour that violates the Canada Labour Code or the Workplace Harassment and Violence Prevention Regulations
• direct the employer or employee who made the complaint, or both, to take specified steps within a specific time frame, to ensure that the contravention does not continue or re-occur