Section 246.1 Reprisal Complaint Canada Labour Code Part III–Standard Hours, Wages, Vacations and Holidays

Important Information

Once you’ve filled out your form electronically, click the “Print to PDF” button at the end of this page. This will allow you to save a PDF version of your completed form to your desktop or mobile device. You must then submit the completed form through the E-FILING tab.

NOTE: If you have any questions about this form, please contact a Canada Industrial Relations Board officer at 1-800-575-9696.

The information provided and any documents submitted to the Canada Industrial Relations Board (the Board or the CIRB) are collected solely for the purpose of administering the Canada Labour Code (the Code) and will be used to deal with and adjudicate matters that come before the Board. Parties that engage the Board’s services should be aware that this is a public process. Documents filed with the Board will be placed on the public record, with the exception of documents that the Board declares to be confidential pursuant to section 22 of the Canada Industrial Relations Board Regulations, 2012 (the Regulations). The Board provides public access to case files and posts key decisions on its website. Board decisions may identify parties and witnesses by name and may include information about them that is relevant and necessary to the determination of the dispute. For sensitive information, a request can be made to the Board for a Confidentiality Order. For more information, please see the Board’s Policy on Openness and Privacy.

READ THESE INSTRUCTIONS BEFORE YOU BEGIN

Section 246.1(1) of the Canada Labour Code (Part III–Standard Hours, Wages, Vacations and Holidays) prohibits an employer from retaliating against an employee for exercising their rights under Part III of the Code.

This form is intended to assist you in providing the information required for making a reprisal complaint pursuant to section 246.1(1) of the Code.

Please refer to the Board’s page on reprisal complaints for additional information.

The Board will review your complaint having regard to the Code and the Board’s case law on section 246.1 complaints. It will consider all of the material on file, including submissions and supporting documentation. It is your responsibility to provide the Board with all of the information that is necessary for it to decide the complaint. Missing information or documents could lead to dismissal of the complaint or delays in its processing.

Upon receipt of a complaint, the Board assigns an Industrial Relations Officer (IRO) to process and oversee the conduct of each case. The IRO will also offer mediation assistance. If a settlement is not reached during mediation, the officer may continue to assist the parties to achieve a voluntary settlement before the Board decides the matter. An IRO will contact you to discuss this process.

When filling out this form, please print clearly. You may use additional pages if necessary to provide the information requested. Please clearly identify and number any attachments.

Complainant

Name:

Address:

Telephone Number:

Email Address:

Name of Representative or Counsel (if applicable):

Address:

Telephone Number:

Email Address:

It is your responsibility to advise the Board in writing of any changes to your contact information.

Employer

Name of Company:

Industry or Business type:

Address:

Telephone Number:

Email Address:

Name and position of employer representative:

Union

Are you represented by a union in your workplace?

Yes

Name of Union:

Address:

Telephone Number:

Email Address:

Name of union representative:

Position of union representative:

Please note that if you are represented by a union, the Board will notify the union of the complaint.

II–Disciplinary/Retaliatory Action

Do you believe that your employer disciplined you or retaliated against you?

Yes

If yes, please respond to the following questions, and attach all relevant documents.

If your employment was terminated

Date of dismissal or termination:

If you were laid off

Date of layoff:

If you were suspended

Date of suspension:

Length of suspension:

If you were demoted

Date of demotion:

If your working conditions were changed, when and how did this occur?

If your wages were affected, when and how did this occur?

Other–Please specify:

Why do you believe the disciplinary/retaliatory action imposed against you is related to the fact that you raised a right under Part III of the Code?

III–Chronological Summary and Supporting Documents

Provide a chronology of the facts and events in support of your complaint. Include details such as the dates on which events occurred, the date(s) you raised your right under Part III of the Code to the employer or took other actions, and the date(s) your employer took disciplinary/retaliatory action against you. Include the names of the employer representative(s) involved and the names of any witnesses.

Please mention and attach any relevant documents that you are filing in support of your complaint. Number or assign a letter to each document (e.g., A, B, C). Examples of relevant documents include: documents related to the reported matter, the employer’s response(s) to your raising a right under Part III of the Code, or a letter of discipline issued by the employer. If certain documents are not in your possession, please mention this and explain why.

You may use additional pages if necessary. Please print clearly and number the pages.

IV–Timeliness

Section 246.1(3) of the Code requires that you file your complaint within 90 days after the date on which you first knew or ought to have known of the action or circumstances giving rise to your complaint. On what date did you know of the action or circumstances giving rise to your complaint?

Although section 16(m.1) of the Code allows the Board to extend the 90-day time limit set out in section 246.1(3), the Board will only do so in exceptional circumstances. If you want the Board to consider extending the 90-day time limit, you must explain the exceptional circumstances that you feel the Board should consider in deciding whether or not to exercise its discretion. Provide supporting documentation, if necessary.

V–Oral Hearing

There is no requirement for the Board to hold a hearing even if one is requested, and most complaints are decided without a hearing on the basis of the submissions on file. Is a hearing necessary?

Yes

If yes, why do you believe that a hearing is necessary?

Where would you want the hearing to take place?

VI–Remedies

Under section 246.4 of the Code, the Board may require an employer to cease contravening the Code and/or rescind any disciplinary action taken.

What remedies are you seeking against the employer?

VIII–Filing Your Complaint

The Board has an e-filing Web Portal (Portal) service, which allows you to file your Portable Document Format (PDF) documents in the Board’s centralized document filing system. You can access the Portal here. If you choose to file your document electronically using the Portal, do not forward a hard copy of the same document to the Board. The electronic version will be considered the original copy.

You complaint may also be filed by courier, by mail or in person. The complaint will be considered filed as of the date the Board receives the complaint, or, under section 8 of the Regulations, the date of filing is the date the complaint was mailed to the Board when registered mail is used. The Board’s contact information can be found on the Board’s website.

Signature

Date

Print to PDF

Section 246.1 Reprisal Complaint Canada Labour Code Part III–Standard Hours, Wages, Vacations and Holidays

Important Information

Employee status:

Rights exercised pursuant to Part III of the Code:

How did the employer respond to or handle your matter? Please check all that apply. Attach all relevant documents.

UNION INVOLVEMENT with respect to RIGHT UNDER PART III OF THE CODE

How was your disciplinary issue handled by the union? Please check all that apply. Please attach all relevant documents.

Employment and Social Development Canada, Labour Program

Other Federal, Provincial/Territorial Government Department or Agency

Stay connected

Quick links

Section 246.1 Reprisal Complaint Canada Labour Code Part III–Standard Hours, Wages, Vacations and Holidays

Important Information

Complainant

Employer

Union

I-General Information Concerning the Complaint

Employee status:

Rights exercised pursuant to Part III of the Code:

How did the employer respond to or handle your matter? Please check all that apply. Attach all relevant documents.

UNION INVOLVEMENT with respect to RIGHT UNDER PART III OF THE CODE

II–Disciplinary/Retaliatory Action

UNION INVOLVEMENT with respect to DISCIPLINARY/RETALIATORY ACTION

How was your disciplinary issue handled by the union? Please check all that apply. Please attach all relevant documents.

III–Chronological Summary and Supporting Documents

IV–Timeliness

V–Oral Hearing

VI–Remedies

VII–Filing Your Complaint with Another Department or Agency

Employment and Social Development Canada, Labour Program

Other Federal, Provincial/Territorial Government Department or Agency

VIII–Filing Your Complaint

Signature and Date