Labour
Filing a Formal Complaint
You may feel that your employer/employee has acted in a manner that violates the Employment Standards Act.
The complainant is expected to file all documentation and information in their possession relevant to the complaint. The complainant is expected to have attempted to resolve the matter with their employer/employee prior to filing a complaint.
When an inspector begins to investigate a complaint, they will talk to the person who made the complaint to clarify all issues in dispute. If the inspector finds the respondent has violated the Act, the inspector will talk to the respondent about the problem and how to correct it. Correcting it may mean: keeping better payroll records, compliance with specific sections of the act or paying money that the inspector has determined the respondent owes.
If the respondent does not agree with the inspector, the inspector may issue an order that states what the respondent must do to ensure that the Act is followed and how long the respondent has to make that happen. The order also gives the respondent a chance to appeal the decision to the Employment Standards Board. The respondent has 10 working days from the day they received notice of the decision to file an appeal. Failure to respond within the 10-day time limit will result in a judgment for any monies deemed owing being filed with the Supreme Court of Prince Edward Island.
The inspector, after investigation of the complaint, also has the option of referring the matter to the Employment Standards Board for final determination.
Employment Standards Complaint Form (pdf file - fill in and print)
Employment Standards Complaint Form (submit on line)
This information has been taken from website "Labour"