How to File a Federal Complaint for Unpaid Wages, Overtime or Vacation Pay in Canada

Who can file a federal unpaid wages complaint?

This procedure is for an employee covered by Part III of the Canada Labour Code who believes a current or former employer has failed to pay wages or another amount protected by federal labour standards.

A monetary complaint can cover amounts such as unpaid wages for hours worked, overtime, vacation pay, general holiday pay, severance pay, pay in lieu of notice of termination and qualifying work-related expense reimbursements.

Federal labour standards do not apply simply because you work in Canada or because your employer operates in several locations. You first need to determine whether the workplace falls within federal jurisdiction.

How to tell if your workplace is federally regulated

Part III federal labour standards apply to federally regulated private-sector industries and workplaces. Examples include banks, airlines and airports, telecommunications and broadcasting, postal and courier services, interprovincial or international rail and road transportation, certain marine transportation and cross-border pipelines, grain handling, uranium and atomic energy, most federal Crown corporations and certain First Nations activities.

If your workplace is not federally regulated, the appropriate route is generally the employment standards authority for the province or territory where you work rather than the federal Labour Program.

If jurisdiction is unclear, the Labour Program states that workers can contact it at 1-800-641-4049.

The six-month filing deadline is critical

For a monetary complaint about non-payment of wages or another amount owed under Part III of the Canada Labour Code, you must normally file within 6 months from the last day on which your employer was required to pay the amount.

This deadline is different from the period for which wages may potentially be recovered. The federal wage recovery system can recover amounts for a period of up to 24 months, but that does not give you 24 months to start the complaint. The six-month complaint deadline still applies.

Do not postpone filing while trying to collect every document. The Labour Program specifically states that you should not delay submission within the filing deadline because supporting documents can be sent later.

Can the six-month deadline ever be extended?

Extensions are available only in circumstances recognized by the Canada Labour Code and applicable rules. The Labour Program identifies situations including a complaint filed on time with a government official who did not have authority to deal with it, or certain cases involving a complaint that was filed within the deadline but was incomplete or contained an error. An extension should not be assumed simply because the normal deadline was missed.

Which complaint form do you need?

Most employees making a monetary complaint use the federal Complaint Form - Monetary and Non-Monetary, LAB1189.

Drivers working in the federally regulated road transport trucking industry use the separate LAB1188 Monetary and Non-Monetary Road Transport (Trucking) complaint form.

The form asks for your contact information, employer details, work history and information about the complaint. You must sign the form before submitting it.

What documents should you provide?

Provide copies of records that are relevant to the amount you claim. The Labour Program specifically identifies:

• pay stubs;
• employment contracts;
• employee records; and
• receipts, where relevant.

For complaints about wages or other amounts owed, the Labour Program asks employees to provide supporting documents covering only the 24 months before the complaint. Send only information needed to resolve your complaint and avoid including unnecessary personal information about third parties such as witnesses.

Useful records will depend on what is disputed. For example, pay records and employment records may help the Labour Program determine the hours worked and amounts already paid. The Labour Program can use the best available evidence when an employer does not provide payroll records.

How to file the complaint by email or mail

There is an electronic submission route, but the official process is based on submitting the completed complaint form rather than completing a web questionnaire.

1. Download and complete the correct complaint form.
2. Check that your personal details, employer information, work history and complaint details are accurate.
3. Sign the form.
4. Attach copies of supporting documents already available.
5. Submit the package by email to NA-ERO-GD@labour-travail.gc.ca or mail it to the closest Labour Program office.

If you need help locating the appropriate Labour Program office, you can use the federal regional office information or call 1-800-641-4049.

What happens after you submit the complaint?

The Labour Program sends a letter of acknowledgement after receiving the complaint. If the complaint is admissible, it investigates whether the complaint is founded and whether the employer owes wages or other amounts.

If the Labour Program determines that money is owed, it may first ask the employer to pay voluntarily. If voluntary compliance does not resolve the matter, the Canada Labour Code provides for measures that can include a payment order.

The Labour Program may contact you during the investigation and require information or answers within specified time limits. Do not ignore Labour Program correspondence. If you fail to respond within the stated timelines, the complaint may be considered abandoned and a Notice of Complaint Rejection may be issued.

Keep the Labour Program informed if your address, email or other contact details change while the complaint is being handled.

Important situations that can change the correct complaint route

If you are covered by a collective agreement

The Canada Labour Code provides that certain disagreements may be governed exclusively by a collective agreement where the conditions in subsection 168(1.1) are met. A complaint under section 251.01 is not permitted where settlement of the disagreement is governed exclusively by that collective agreement. If this may apply to you, check the grievance or dispute process in your collective agreement.

If the problem also involves dismissal

A monetary claim for unpaid wages is different from an unjust dismissal complaint, which has different eligibility rules and a shorter filing deadline. If you are challenging the dismissal itself rather than only seeking money that remains unpaid, see the Helpydo guide on filing an unjust dismissal complaint for a federally regulated job.

If your employer retaliates because you complained

Federal employees covered by the Code have a separate recourse mechanism for reprisals connected with exercising Part III rights. Reprisal complaints are handled by the Canada Industrial Relations Board rather than through the ordinary monetary complaint process.

Common mistakes that can jeopardize a wage complaint

• Using the federal process for a provincially regulated workplace. Confirm jurisdiction first.
• Waiting longer than 6 months to file. The deadline runs from the last day the employer was required to pay the wages or other amount.
• Confusing the 24-month recovery period with the filing deadline. They are not the same rule.
• Waiting for perfect evidence before submitting. File the complaint on time and provide additional supporting records later if necessary.
• Using LAB1189 when you are a road transport trucking driver. Trucking drivers have a separate LAB1188 form.
• Submitting an unsigned form or incomplete identifying information. The Labour Program requires the complaint form to be signed.
• Ignoring correspondence after filing. Failure to respond within Labour Program deadlines can result in the complaint being treated as abandoned.