How to File a Labour Standards Complaint

To file a complaint, you must do so within the limitation period.

The limitation periods for Labour Standards violations are as follows:

• If your employment is provincially regulated: six months from the date of the violation.

• If your employment is federally regulated:

  • Ninety days if you are claiming unjust dismissal.

  • Two years if you are claiming unpaid wages.

How to file:

1. Contact the Nova Scotia Labour Standards Division if your employment is provincially regulated, or Employment and Social Development Canada if federally regulated.

2. The applicable labour standards body will assess whether they have the jurisdiction to deal with your complaint.  If they have jurisdiction, then they will send you a complaint form.

3. Complete and return their form within the limitation period.  Discussing the issue over the phone is not enough to meet the limitation period: the form must be filed in time.

4. Attach copies of relevant documents. Keep the original documents for your own records.

Once your complaint is received, it will be handled according to the organization’s usual procedures. For example, a labour standards officer may contact you to seek further information, or to help both sides reach a settlement. If necessary, the labour standards officer may conduct a full investigation and issue a written decision.

Your employer is not allowed to retaliate against you for making or planning to make a Labour Standards complaint, for helping another employee make a complaint, or for testifying or planning to testify at a Labour Standards hearing. Retaliation includes firing, laying off, or discriminating against you in any way.

For more information about filing a Labour Standards complaint, contact the Halifax Workers’ Action Centre.