Canada Labour Code

Marginal note:Complaint to inspector for unjust dismissal

• 240 (1) Subject to subsections (2) and 242(3.1), any person

  • (a) who has completed twelve consecutive months of continuous employment by an employer, and

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

  may make a complaint in writing to an inspector if the employee has been dismissed and considers the dismissal to be unjust.

• 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is based on substantially the same facts under either subsection 246.1(1) or 247.99(1), unless that complaint has been withdrawn.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 Minister may extend the period set out in subsection (2)

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

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