Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada


Canada Labour Code

Version of section 240 from 2019-07-29 to 2020-12-31:

Marginal note:Complaint to inspector for unjust dismissal

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is based on substantially the same facts under either subsection 246.1(1) or 247.99(1), unless that complaint has been withdrawn.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

  • R.S., 1985, c. L-2, s. 240
  • R.S., 1985, c. 9 (1st Supp.), s. 15
  • 2018, c. 27, s. 488

Date modified: