Section 7: Exercising Your Rights

7.1 When should I file a complaint with the Labour Standards Commission?
[Student Manual, page 69]

Your employer must obey the labour standards law. Contact the Commission des normes du travail (Labour Standards Commission) and file a complaint if your employer is not respecting one of your rights under the law.

7.2 How does the Labour Standards Commission handle complaints?
[Student Manual, page 69]

The Commission will look into your complaint. What will happen depends on the type of complaint.

1. If you complain about money your employer owes you (such as wages, overtime, holiday or vacation pay, paid breaks, etc.) and does not pay you, the Commission can pay you what you are owed.
2. If you complain about being dismissed or punished by your employer because, for example:
   • you could not work overtime, even though you tried to find a babysitter;
   • you are old enough to retire, but do not want to;
   • you filed a complaint with the Commission about something else;
   • you spoke to the Commission about someone else’s complaint;
   • you are pregnant,

The Commission will try to settle the complaint between you and your employer. If this does not work, it will forward the complaint to the Commission des relations du travail (Labour Relations Commission). A hearing will take place and a decision will be made. If the Commission decides you should not have been dismissed, it can order your employer to give you your job back and pay you any salary you should have earned.

7.3 Is there a time limit to file a complaint with the Commission?
[Student Manual, page 70]

The time limit depends on the complaint.

If you are complaining you were dismissed without good reason, you have forty-five (45) days from the date you were dismissed to file your complaint.

You also have forty-five (45) days to file a complaint if you were dismissed because you could not work overtime, are pregnant, did not want to retire, talked to someone at the Commission, or filed a complaint about something else.

You have ninety (90) days from the date you were dismissed to file your complaint if you were dismissed because of your age, or if you are psychologically harassed at work.