What is a reprisal complaint?
Section 246.1(1) of the Canada Labour Code (the Code) prohibits a federally regulated employer from retaliating against an employee for exercising their rights under Part III of the Code.
Section 246.1(1) provides that an employee may make a complaint in writing to the Board if they believe that their employer has taken any reprisals against them in contravention of sections 173.01(5), 174.1(4), 177.1(7), 182.2(3), 203.3(3), 208, 209.3, 238, 239, 239.1 or 247.96 of the Code.
In general, these sections of the Code deal with issues such as work schedules, the right to refuse overtime, the right to request flexible work arrangements, requesting a review of wage rates, pregnancy, garnishment, sick leave, work-related illness and injuries, and leaves of absence for members of the reserve force.
Who may file a reprisal complaint?
Any employee of a federally regulated employer, whether represented by a union or not, who believes that their employer has taken disciplinary or retaliatory action, or threatened to take such action, against them for seeking to exercise any rights under Part III of the Code, may file a complaint under section 246.1(1).
When should an employee file a reprisal complaint?
A section 246.1 complaint shall be made to the Board not later than 90 days after the day the employee knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint.
For more information, please consult the following documents:
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