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Employment Standards - Wage Recovery Appeals

Table of contents

    IMPORTANT: Before you can file a wage recovery appeal with the Canada Industrial Relations Board (the Board), you must:

    1. file a wage recovery complaint with the Labour Program of Employment and Social Development Canada (the Labour Program);
    2. receive its decision; and
    3. ask the Labour Program to review its decision.  

    The Board can only get involved after the Labour Program has made a decision on the wage recovery complaint and after a request for review of the Labour Program’s decision has been filed with the Labour Program.  

    The information below describes the process that needs to be followed, as well as when and how the Board gets involved. 

    What is a wage recovery complaint?

    Part III of the Canada Labour Code contains minimum terms and conditions of employment that employers in federally regulated workplaces have to meet.  

    The minimum standards set by the Canada Labour Code cover subjects such as:

    • hours of work;
    • minimum wages;
    • payment of wages;
    • overtime pay;
    • vacation pay; and 
    • holiday pay.  

    When an employee believes that their employer has not paid them the wages or other amounts that they are owed, they can file a complaint (a Wage Recovery Complaint) with the Head of Compliance and Enforcement of the Labour Program. The Head of Compliance and Enforcement will then investigate the complaint and make a decision. 

    What is a wage recovery appeal?

    A Wage Recovery Appeal is an appeal of a decision of the Head of Compliance and Enforcement of the Labour Program on a Wage Recovery Complaint.  

    How do I file a wage recovery complaint with the Labour Program?

    You can file a Wage Recovery Complaint by filling out a Labour Program complaint form and submitting it to the Labour Program.   

    The Board cannot accept these complaints.   

    For more information on how to file a Wage Recovery Complaint, click here.

    What happens after I file a wage recovery complaint with the Labour Program?

    The Labour Program will investigate the complaint.

    If the Labour Program finds that money is owed to the employee, it will ask the employer to pay its employee voluntarily. 

    If the employer agrees to pay the amount owing, a Notice of Voluntary Compliance will be sent to the employee to let them know that the employer has agreed to pay.  

    If the employer refuses to pay the amount owing, the Labour Program will issue a Payment Order.

    If the Labour Program finds that no money is owed to the employee, it will issue a Notice of Unfounded Complaint to let the parties know that no money is owing. 

    What if I do not agree with the Labour Program’s assessment of my complaint?

    If you do not agree with the Notice of Unfounded Complaint, the Notice of Voluntary Compliance or the Payment Order, you have 15 calendar days to ask the Head of Compliance and Enforcement of the Labour Program to review the decision.

    What happens after I request a review of the Labour Program’s decision?

    After you ask the Head of Compliance and Enforcement (the Head) to review the decision, the Head can either review the decision themselves or refer it to the Board to decide. If the Head reviews the decision and you do not agree with their conclusion, you can appeal the review decision to the Board. 

    Request for Review made to the Head of Compliance and Enforcement Process

    Request for Review made to the Head of Compliance and Enforcement Process