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Compliance Complaints

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Employees can make a complaint if their employer has not complied with the Canada Labour Code or the Workplace Harassment or Violence Prevention Regulations.

If the complaint is about your employer disciplining you or firing you for making a complaint about harassment or violence the complaint goes to the Canada Industrial Relations Board.

For example, an employee can make:

  • A complaint that their employer failed to follow the procedure required when a Notice of Occurrence is filed.
  • A complaint about failure to develop a Harassment and Violence Prevention Policy.
  • A complaint about not providing the required training.

This involves the following steps:

  • You notify your supervisor, or person designated in your Harassment and Violence Prevention Policy, that your employer has failed to comply with the Canada Labour Code or its Regulations.
  • You and your supervisor, or person designated in your Harassment and Violence Prevention Policy, must try to resolve the complaint as soon as possible.
  • If the complaint is not resolved you 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, the 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.

A compliance complaint must be about the employer contravening the Canada Labour Code or its Regulations. It cannot be used instead of the Notice of Occurrence process. It cannot be used to challenge the findings or recommendations of the person who investigated the occurrence.

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.

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PLEA gratefully acknowledges our primary core funder the Law Foundation of Saskatchewan for their continuing and generous support of our organization.