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