Canada Labour Code

Marginal note:Rejection of complaint

• 251.05 (1) The Head may reject a complaint made under section 251.01, in whole or in part,

  • (a) if the Head is satisfied

    • (i) that the complaint is not within their jurisdiction,

    • (ii) that the complaint is frivolous, vexatious or not made in good faith,

    • (iii) that the complaint has been settled in writing between the employer and the employee,

    • (iv) that there are other means available to the employee to resolve the subject-matter of the complaint that the Head considers should be pursued,

    • (v) that the subject-matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator,

    • (vi) that in respect of a complaint other than a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, there is insufficient evidence to substantiate the complaint, or

    • (vii) that in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject-matter of the complaint and provides a third party dispute resolution process;

  • (b) if consideration of the complaint was suspended under subsection 251.02(1) and if, in the Head’s opinion, the other measures specified in the notice under subsection 251.02(2) were not taken within the specified time period;

  • (c) subject to the regulations, if an employee to whom notice is given under subsection (1.1) does not respond within the period set out in the notice.

• Marginal note:Notice

  (1.1) If the employee does not reply to a written communication from the Head within a period that the Head considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, have elapsed from the day on which the complaint was made, the Head may give written notice to the employee that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to indicate in writing that they wish to pursue their complaint.

• Marginal note:Notice of rejection of complaint

  (2) If a complaint has been rejected, the Head shall notify the employee in writing, with reasons.

• Marginal note:Request for review

  (3) The employee may, within 15 days after the day on which the employee is notified of the rejection, request in writing, with reasons, that the Head review the Head’s decision.

• Marginal note:Review

  (4) The Head may confirm the decision, or rescind it and re-examine the complaint.

• Marginal note:Notice of Head’s decision

  (5) The Head shall notify the employee in writing of the Head’s decision.

• Marginal note:Reconsideration final

  (6) The Head’s confirmation or rescission is final and conclusive and is not subject to appeal to or review by any court.