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Employment Standards - Reprisal Complaints

Table of contents

    Federally regulated employers are not allowed to retaliate against employees for exercising employment standards rights under Part III of the Canada Labour Code. Employees who believe that their employer has retaliated against them can file what is called a “reprisal complaint” with the Canada Industrial Relations Board.  

    What are Employment Standards?

    • Employment standards are minimum conditions of employment that are contained in Part III of the Canada Labour Code. Federally regulated employers and employees must respect the minimum conditions of employment (the employment standards) listed in Part III of the Canada Labour Code.  They cover subjects such as: 
      • hours of work;
      • overtime;
      • wages, including minimum wage and deductions from wages;
      • vacation, vacation pay, holidays, and holiday pay; 
      • flexible work arrangements; and
      • leave, including sick leave, maternity leave, parental leave, and personal leave.

    What is a reprisal?

    • A reprisal is an action that an employer takes against an employee because the employee exercised a right under the employment standards provisions in Part III of the Canada Labour Code. This can also be called retaliation. 
    • For example, employers cannot retaliate or threaten to retaliate against an employee for:   

    Who can file a complaint with the Board?

    • You work or worked for a federally regulated business. 
    • You were exercising or seeking to exercise a right under the employment standards provisions in the Canada Labour Code. 
    • You believe that the employer has retaliated against you as a result. For example, you were:
      • dismissed; 
      • suspended; 
      • laid off;
      • demoted;
      • denied a promotion; or 
      • penalized financially. 
    • VERY IMPORTANT: You cannot file a reprisal complaint if:

    What information do I need to make my complaint?

    • It is strongly recommended that you use the Reprisal Complaint form to file your complaint. The form contains the information that the Board needs to make a decision, and helps you make sure that the information that you are filing is complete.
    • If you do not file all the information that the Board needs, it will take the Board longer to process your complaint.
    • In some cases, not filing all the information that the Board needs can result in your complaint being dismissed without the opportunity to make any further submissions.
    • The required information includes a description of:
      • the action that was taken against you by your employer (the retaliation);
      • the incident that caused the employer to retaliate; and
      • the connection between the incident and the retaliation.
    • It is recommended that you provide any evidence and documents that help you to prove your case, that is, any evidence and documents that you have about your employer’s retaliation, the incident that you believe caused the retaliation, and the link between the two.
    • All documents, including complaints and all supporting documents are filed using the Board’s E-filing Web Portal. This is the fastest and most accurate way to file documents with the Board.  
    • You do not need to send the Board a paper copy of documents that have been e-filed with the Board. If you need assistance with the E-Filing Web Portal, you can contact the Board directly using its 1-800 line or online inquiry form. The Board’s contact information can be found here.   

    Who is involved?

    • Employee (You) – also referred to as “the complainant.”
    • Employer – also referred to here as “the respondent.” 
    • A union, if granted intervenor status.
      • Together, you and the employer are referred to as “the parties.”
    • Industrial Relations Officer (IRO) – for more information on the role of the IRO, click here.   
    • A decision maker appointed by the Chairperson of the Board. 

    Can I be represented by someone else?

    • Yes, each party can be represented by the person of their choice.
    • The Board does not provide lawyers to assist parties.  
    • The Industrial Relations Officer (IRO) working on the file can help parties understand the process and what they need to do to prepare for a hearing, but they are impartial and do not provide legal or strategic advice as a lawyer would.
    • The Board recognizes that parties who represent themselves may not know the law or the process and may find it intimidating to appear before the Board. The Board will try to make the process as simple as possible given the nature of the dispute.
    • It is important that you attend any case management conferences that the Board organizes.  These conferences are often used by the Board to explain the process and what the Board will expect from the parties at a hearing. 

    What if I am unionized?

    • Before you file your complaint, you may want to contact your union to determine whether it can help you. You should also let the Board know if you are part of a bargaining unit that is represented by a union.  
    • The Board will let the union know about the complaint and give the union the opportunity to participate in the case. You will have the opportunity to tell the Board why you think the union either should or should not be allowed to participate. If the Board lets the union participate, the union will have what is called “intervenor status.” 

    When do I have to file a complaint?

    • You must file a complaint within 90 calendar days of the date you became aware of the situation that led to the complaint.

    What happens after the complaint has been filed?

    • The Board will send the person or organization who made the complaint (the complainant) and the person or organization named in the complaint (the respondent) a letter confirming that it has received the complaint.   
    • If either of these parties has hired a representative, such as a lawyer, the letter will be sent to the representative. It is the representative’s obligation to keep the person that they represent up to date.
    • The letter will:
      • include your case file number;
      • include a copy of all documents filed by the complainant; and
      • tell you when you can file additional information and documents (submissions).
    • The letter will also include the name and contact information of the Board’s Industrial Relations Officer (IRO) who will assist the Board and the parties with the complaint. 
    • The IRO will answer questions that the parties have and assists the parties to reach a settlement whenever possible.   
    • The letter will also advise the person or organization that the complaint is against (the respondent) of:
      • how much time they have to file a response to the complaint; and 
      • how much time the complainant will have to reply to any new facts and arguments that the respondent raises.  
        • Normally, the Board gives the respondent 15 calendar days to file a response and the complainant 10 calendar days to file a reply.  Sometimes the Board will shorten the deadlines for responding.  Make sure you read the letter that you receive from the Board.
    • The response should clearly explain the respondent’s version of the facts to the Board. The response should also include any documents that the respondent has which the complainant did not file and which are relevant to the complaint.
    • If you decide not to file a reply, you should write to the Board and tell it that you will not be filing one.
    • You do not need to file documents that the other party has already filed.  
    • The parties are responsible for filing their arguments and documents on time.
    • If you need more time to file your submissions, you need to ask the Board to extend the deadline.  The Board will want to know why you are late and need more time and will only give you more time if you have a good reason.  The Board can refuse to consider any responses or replies that are filed late where an extension has not been given.
    • If you are unionized, the union will be notified of the complaint and will be given a copy of it. The union may choose to file a request to intervene. If the union’s request to intervene is granted, it will become a party to the complaint.

    What information do I need to provide during the response or reply process?

    • If you are the respondent and you disagree with the reprisal complaint, you need to prove to the Board that you did not retaliate against the employee. This is because the complaint is considered evidence that the reprisal occurred. 
    • In your response, you should provide any information, including documents, that are relevant and were not included with the complaint. Relevant information and documents are information and documents that establish that no retaliatory action was taken.  
    • You will need to establish that the actions taken against the complainant were not taken or, if they were, that they were justified and were not related to the complainant’s exercise of rights under Part III of the Canada Labour Code.  
    • If you are the complainant, in your reply, you should address, with further information and documents, any new information or arguments that the respondent raised in its response.  
    • There is no need to repeat information that you included with your complaint. 

    How do I file my documents, representations, or evidence?

    • All complaints, applications, responses, replies and supporting documents are filed using E-Filing Web Portal. This is the fastest and most accurate way to file documents with the Board. It is not necessary to send the Board a paper copy of documents that have been e-filed with the Board. 
    • Each party must send all other parties a copy of any document that they file with the Board. This can be done by email, mail, registered mail or courier, or by hand.  
    • When you file documents with the Board, you must tell the Board how and when you sent the documents that you are filing to the other parties.

    Is the information in my file confidential? 

    • Parties who file documents with the Board are participating in a public hearing. This means that the documents that are in the file are available to the public. 
    • If a party is concerned about some of the information that they are filing with the Board being available to the public, that person can ask the Board to issue a confidentiality order. If the request is granted, the information that is protected will not be publicly available. For more information, you can refer to the Board’s Policy on Openness and Privacy or contact the Industrial Relations Officer responsible for your case. 

    Will there be mediation?

    • Mediation is part of the Board’s process. It is recommended that parties attempt to mediate their dispute. Many of the Board’s files are settled at the mediation stage. Mediation allows the parties to settle the dispute on their terms and resolves the matter faster than if the file has to go to a Board member for a decision.
    • The Industrial Relations Officer assigned to your file will contact you to discuss the mediation options offered at the Board.
    • For more information on the mediation process, please click here. 

    Will there be a hearing?

    • Not necessarily. In many cases, the Board can make a decision based on the documents on file, without holding a hearing. This is part of the reason why written submissions should be as complete as possible. This is true even if the parties request a hearing. 
    • If the Board decides to hold a hearing, it will advise the parties of the date, time, and location of the hearing in advance, usually after holding a Case Management Conference. 
    • For more information on the Board’s hearing process, please click here.

    When will I get the decision?

    • The Board will notify you in writing of its decision.  
    • The length of time that it takes the Board to issue a decision can vary depending on the complexity of the case.
    • All important decisions of the Board are published on the Decisions page. 
    • You can consult the Board’s performance statistics for more information on the average time it takes the Board to issue a decision after a complaint is filed.

    What can the Board order if the complaint is successful?

    • If the Board agrees that your employer has taken a reprisal against you, the Board can order the employer to discontinue the acts of reprisal and can order other relief to put you back in the same position you would have been in had the reprisal not occurred. For example, depending on the action that the employer took, the Board could order the employer to:
      • reinstate you in your position;
      • remove the discipline from your personnel file; 
      • compensate you for any lost wages; or
      • return any financial penalty that may have been imposed on you.

    Is the Board’s decision final?

    The Board’s decisions are final and can only be reviewed in very specific circumstances.

    • If you believe that a Board decision is unreasonable, you can apply to the Federal Court of Appeal for judicial review; or  
    • If you believe the Board has made a serious error and should correct its original decision, you can file an application for reconsideration.

    In both cases, there is a strict 30 calendar day deadline to file your application from the date of the decision.   

    Follow these links for more information on Applications for Reconsideration and Applications for Judicial Review.