Casual Legal: Employment standards complaint basics
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
By Rielle Gagnon
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
In Alberta, employees may file a complaint against their employer pursuant to the Employment Standards Code, RSA 2000 c E-9 (the “Code”) if their employer is not meeting the minimum statutory requirements in the Code. Complaints may relate to issues including but not limited to wages, overtime, holidays and vacations, payments and deductions, hours of work, job protected leaves, and/or termination/layoffs.
Time to submit a complaint
Employees may submit an employment standards complaint while still employed, or for up to six (6) months following their final day of employment.
Method of submitting a complaint
An employee may submit a complaint for free online. Complaints may be submitted to the provincial government’s employment standards team by either formal complaint or anonymous tip.
- Complaint
A formal complaint may be investigated by employment standards. A formal complaint is not anonymous – the employee’s employer will be advised that the employee submitted a complaint against it. The provincial government’s employment standards team follows a complaint resolution process to resolve employment standards complaints.
Employers are not permitted to terminate an employee because of a complaint.
- Anonymous Tip
If an individual does not wish for their name to be associated with their complaint, they can make an anonymous tip to employment standards if they think their employer is not following employment standards rules. However, an individual who submits an anonymous tip will not be kept apprised of the status of their complaint or any investigative steps. Anonymous tips can be made by employees or non-employees and can still be investigated.
Responding to a complaint
After a complaint is submitted, employers will often be asked to provide a written response to an employment standards complaint, along with supporting documentation requested by an employment standards officer. Employers may choose to seek the assistance of a lawyer to respond to a complaint.
Complaint Resolution Process
Employment standards uses a complaint resolution process with several resolution options, including: a) voluntary resolution; b) mediation; and c) non-voluntary resolution.
More information about these options can be found online or by contacting a lawyer.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
