Canada Labour Code

Marginal note:Complaint

• 240 (1) Subject to subsections (2) and 242(3.1), a person who has been dismissed and considers the dismissal to be unjust may make a complaint in writing to the Head if the employee

  • (a) has completed 12 consecutive months of continuous employment by an employer; and

  • (b) is not a member of a group of employees subject to a collective agreement.

• Marginal note:For greater certainty

  (1.01) For greater certainty, the fact that an employer complies with Divisions X and XI does not

  • (a) affect the employee’s rights under this Division; or

  • (b) prevent the Board from deciding under paragraph 242(3)(a) that the dismissal was unjust or from making any order under subsection 242(4), including a reinstatement order.

• Marginal note:Limitation

  (1.1) A person shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under either subsection 246.1(1) or 247.99(1), unless that complaint has been withdrawn.

• Marginal note:Time for making complaint

  (2) Subject to subsection (3), a complaint under subsection (1) shall be made within ninety days from the date on which the person making the complaint was dismissed.

• Marginal note:Extension of time

  (3) The Head may extend the period set out in subsection (2)

  • (a) if the Head is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority; or

  • (b) in any circumstances that are prescribed by regulation.