How to File an Unjust Dismissal Complaint for a Federally Regulated Job in Canada

Who can file an unjust dismissal complaint?

The federal unjust dismissal process is a specific remedy under Division XIV of Part III of the Canada Labour Code. It does not apply to every worker in Canada.

You generally qualify if all of the following are true:

• you were dismissed by your employer;
• you believe the dismissal was unjust;
• you worked for a federally regulated employer covered by Part III of the Canada Labour Code;
• you had at least 12 consecutive months of continuous employment with that employer;
• you were not a manager;
• you were not a member of a group of employees covered by a collective agreement.

The Government of Canada also recognizes that dismissal for this purpose can include a situation of constructive dismissal.

Does your job fall under federal labour standards?

Before filing, confirm that Part III of the Canada Labour Code applies to your workplace. Most Canadian employees fall under provincial or territorial employment standards instead.

Common federally regulated sectors include:

• banks, including authorized foreign banks;
• airlines, airports, aerodromes and aircraft operations;
• railways that cross provincial or international borders;
• trucking and bus operations that cross provincial or international borders;
• telecommunications, including telephone and Internet systems;
• radio and television broadcasting;
• postal and courier services;
• marine shipping, ports, ferries and certain bridges, tunnels and canals;
• interprovincial and international oil and gas pipelines;
• uranium mining and processing and atomic energy;
• most federal Crown corporations;
• certain First Nations band council and Indigenous government activities;
• businesses that are vital, essential or integral to a federally regulated undertaking.

Use the official federally regulated industries list before relying on the federal complaint procedure.

What if you are not sure whether your employer is federally regulated?

You can contact the Labour Program at 1-800-641-4049 for guidance. This matters because a complaint filed under the wrong jurisdiction may not protect your rights under a different provincial or territorial deadline.

What is the deadline to file?

You must normally file an unjust dismissal complaint within 90 days from the date you were dismissed.

This deadline is much shorter than the six-month deadline that applies to many federal monetary or non-monetary labour standards complaints. Do not wait for a complete evidence package before filing. The Labour Program specifically states that you should not delay submitting the complaint within the applicable time limit while trying to obtain supporting documents because additional records can be provided later.

Can the 90-day deadline be extended?

Extensions exist, but they are limited. The Canada Labour Code permits an extension where you made a complaint within the 90-day period to a government official who lacked authority to deal with it but you believed that official had authority.

The Labour Program also identifies prescribed situations involving a complaint that was filed within the deadline under the wrong federal complaint category, or a timely complaint that was incomplete or contained an error. These extensions are not automatic. Follow the Labour Program's instructions for withdrawing and refiling under the correct category when applicable.

Because an extension depends on specific legal conditions, file within 90 days whenever possible.

Who cannot use this complaint process?

Division XIV does not apply to managers. You also cannot file an unjust dismissal complaint under section 240 if you are a member of a group of employees covered by a collective agreement.

In addition, the Canada Industrial Relations Board cannot consider the complaint if:

• you were laid off because of lack of work;
• you were laid off because the employer discontinued a function; or
• another procedure for redress is provided under Part I or Part II of the Canada Labour Code or another Act of Parliament.

If you are unionized, your collective agreement and grievance process will generally be the relevant route rather than this statutory unjust dismissal complaint.

Which form do you need?

Use the official Complaint Form - Unjust Dismissal, LAB1190.

You can download the form from the Service Canada forms catalogue.

The current Service Canada instructions state that the PDF should first be saved to your computer and then opened in Adobe Acrobat Reader so its form functions, including digital signatures, work correctly.

What documents should you attach?

The Labour Program specifically asks you to provide a copy of the employer's written reasons for dismissal if you received them.

Depending on the facts, other useful records can include documents directly relevant to the dismissal, such as correspondence, disciplinary records, performance-related records or employment documents that help establish what happened. Submit only information that is necessary to resolve the complaint and avoid unnecessary personal information about witnesses or other third parties.

Do not miss the 90-day deadline because a document is unavailable. The Labour Program permits supporting documents to be provided later.

Can you require your employer to explain why you were dismissed?

Yes. If you meet the section 240 eligibility conditions, you or the Head of Compliance and Enforcement may request in writing that the employer provide a written statement explaining the reasons for the dismissal.

An employer receiving that request must provide the statement within 15 days after the request is made.

The Government of Canada states that it is the employer's responsibility in the unjust dismissal process to demonstrate that the dismissal was for valid reasons.

How do you submit the complaint?

After completing LAB1190, submit the complaint and the supporting documents currently available to the Labour Program.

The current federal submission methods are:

• by email to NA-ERO-GD@labour-travail.gc.ca; or
• by mail to the closest Labour Program office.

Use the official Labour Program submission instructions for the current mailing-office information.

There is no web form that replaces LAB1190, but the ability to submit the completed form by email means the complaint can be filed electronically without visiting an office.

Will your employer see the complaint?

Yes. Unlike some monetary and non-monetary complaint investigations where limited confidentiality may be requested, the Labour Program states that it will provide a copy of an unjust dismissal complaint form and the supporting documentation to the employer or the employer's representative named in the complaint.

Write the complaint with that disclosure in mind. Include information relevant to your case, but do not include unnecessary personal information belonging to unrelated third parties.

What happens after you file?

The Labour Program first determines whether the complaint is admissible based on the eligibility rules and filing deadline.

If the complaint is admissible, the Head of Compliance and Enforcement must attempt to help the parties settle it. The Labour Program may contact you for more information or ask you to respond within a specified period.

Keep your contact details current and respond to Labour Program correspondence within the deadlines provided. The federal guidance warns that failing to respond can result in the complaint being considered abandoned and a Notice of Complaint Rejection being issued.

What happens if you and the employer cannot settle?

If the complaint is not settled within a period that the Head considers reasonable in the circumstances, you can make a written request for referral to the Canada Industrial Relations Board.

The Head must then deliver the complaint to the Board together with any written statement of the employer's reasons for dismissal and other relevant statements or documents held by the Labour Program.

The Canada Industrial Relations Board then considers whether the dismissal was unjust, subject to the jurisdictional limitations in the Canada Labour Code.

What can you receive if the dismissal is found unjust?

If the Board decides that the dismissal was unjust, the Canada Labour Code allows it to order the employer to:

• pay compensation up to the remuneration that would have been paid but for the dismissal;
• reinstate you in your employment; and
• take another equitable action needed to remedy or counteract a consequence of the dismissal.

The Board can take into account termination or severance amounts already paid by the employer when determining compensation.

Does receiving termination or severance pay prevent an unjust dismissal complaint?

No. The current Canada Labour Code expressly confirms that an employer's compliance with the statutory termination and severance provisions does not remove an eligible employee's unjust dismissal rights.

Receiving notice, pay in lieu of notice or severance therefore does not by itself establish that the dismissal was just. An eligible employee may still challenge the dismissal under Division XIV.

A claim for unpaid termination pay, severance or other wages is a separate monetary complaint issue and has different filing rules. Keep the two procedures distinct when deciding what you need to claim.

What if you were fired for exercising a Canada Labour Code right?

A dismissal that is alleged to be retaliation for exercising a protected right under Part III of the Canada Labour Code may fall under the separate reprisal complaint process.

The Code restricts using multiple complaint routes based on substantially the same facts in certain circumstances. Section 240 provides that a person cannot make an unjust dismissal complaint based on substantially the same facts as a complaint under specified reprisal or genetic-testing provisions unless that other complaint has been withdrawn.

If you are unsure which federal complaint category applies, contact the Labour Program before filing, but remain aware of the applicable 90-day deadline.

Can you file if you were laid off because there was no work?

The Canada Industrial Relations Board cannot consider an unjust dismissal complaint when the person was laid off because of lack of work or because a function was discontinued.

This is different from an employer describing a dismissal as a layoff where the real facts are disputed. The legal characterization depends on the circumstances, so explain accurately in LAB1190 what the employer told you and what actually happened.

Common mistakes to avoid

• Assuming every job in Canada is governed by federal labour standards.
• Missing the strict 90-day deadline while waiting to collect evidence.
• Using the monetary or non-monetary complaint form instead of LAB1190.
• Filing under the federal process when you are covered by a collective agreement.
• Using the unjust dismissal route when you are a manager.
• Assuming receipt of termination pay automatically prevents you from challenging the fairness of the dismissal.
• Failing to attach written reasons for dismissal when you already have them.
• Including unnecessary personal information about witnesses or unrelated employees.
• Ignoring Labour Program emails or letters after filing.
• Assuming the complaint automatically goes to the Canada Industrial Relations Board when settlement fails without making the required written referral request.