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Canada Labour Code (R.S.C., 1985, c. L-2)

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Act current to 2023-03-20 and last amended on 2022-12-18. Previous Versions

Marginal note:Complaint

  •  (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: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is based on substantially the same facts under either subsection 246.1(1) or 247.99(1), unless that complaint has been withdrawn.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.

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