Canada Labour Code
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.
(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is based on substantially the same facts under either subsection 246.1(1) or 247.99(1), unless that complaint has been withdrawn.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.
- R.S., 1985, c. L-2, s. 240
- R.S., 1985, c. 9 (1st Supp.), s. 15
- 2018, c. 27, s. 488
- 2018, c. 27, s. 579
- Date modified: