How to file a complaint against an employer with Employment Standards?

Filing a complaint with Employment Standards is an important procedure that protects the employment rights of workers in Alberta, including those in Calgary. The complaint process is a legal remedy for workers who have experienced violations of minimum employment standards by their employers. Understanding this process is critical to ensuring fair treatment in the workplace and receiving proper wages and compensation.

Employment Standards in Alberta is regulated by the Employment Standards Code, which sets minimum requirements for working conditions and provides mechanisms for enforcing them. The system receives approximately 5,000 complaints each year from over two million workers in the province. This system is designed to protect workers' rights by ensuring fair treatment and compliance with legal requirements regarding wages, hours of work, vacation, and other employment standards.

Preparing to file a complaint

Before filing a formal complaint with Employment Standards, it is important to:

  • Try to resolve the issue directly with your employer. Many labor disputes are resolved through dialogue and clarification of misunderstandings.
  • Use the Self-Help Kit and other Employment Standards Alberta resources, which provide step-by-step instructions, tips on gathering documents, and a framework for talking with your employer.
  • Understand the difference between the Employment Standards Code and similar laws. The Code applies to almost all workers in Alberta, except for federally regulated industries (banks, aviation, interprovincial transportation, etc.) that are covered by the Canada Labor Code.

Right to file a complaint and eligibility criteria

To be eligible to file a complaint:

  • You must be (or have been) working in Alberta under the jurisdiction of the Employment Standards Code.
  • The complaint must relate to a violation of minimum standards: non-payment of wages, overtime, vacation pay, holiday pay, wrongful dismissal, etc.
  • You can file a complaint at any time during your employment or within six months after your last day of work. The deadline may be extended in exceptional circumstances.
  • For workers with an average work time agreement, please note the specific deadlines (six months from the date of termination/expiration of the agreement).

Formal complaint or anonymous report

  • Formal complaint: The complainant is identified; this is the only way to recover unpaid wages or compensation. May lead to an investigation, formal orders, and penalties for the employer.
  • Anonymous information: Can be submitted by anyone — no way to track the status; does not entitle the specific worker to compensation.

Do not use the anonymous form for OHS (safety, bullying, harassment) or Human Rights (discrimination) issues.

Online complaint process

Steps to file a complaint through the Employment Standards Alberta online system:

  1. Create an account on the Employment Standards Alberta website.
  2. Fill out a detailed form that includes:
  • Your contact information
  • Your employer's details
  • A description of your job, its duration, your role, and your pay
  • Details of your complaint and its substance
  1. Upload supporting documents.
  2. Receive confirmation that your complaint has been received and track its progress in your account.

The advantages of online filing are instant confirmation and the ability to save electronic copies of all documents and correspondence.

Required information and documentation

To process your complaint, it is essential to provide:

  • Full contact details of the applicant
  • Employer details (name, address)
  • Terms and nature of employment
  • Description of conditions, changes, attempts to resolve the issue previously
  • Specifics: description, circumstances, chronology of events, amounts and periods (for financial disputes)

Documents:

  • Pay slips
  • Timesheets
  • Employment contract, correspondence with the employer
  • Bank statements, checks, receipts

It is recommended to have records for the last 24 months.

Protection against retaliation

The law expressly prohibits employers from:

  • Dismissing, demoting, reducing hours, or changing working conditions due to a complaint.
  • Treating you negatively even if there is only a suspicion that you intend to file a complaint.

If you are a victim of retaliation, file a separate complaint about it.

Complaint investigation process

  1. Admissibility check: The application is reviewed for compliance with the code and deadlines.
  2. A copy is sent to the employer: Settlement/payment of debts is proposed.
  3. If the issue is not resolved voluntarily, an Employment Standards officer conducts an investigation:
  • Has the right to request documents, visit the workplace, and take statements.
  • If the employer refuses to provide documents, sanctions may be imposed, including criminal liability.

Voluntary resolution and mediation

At any point in the process, the parties have the right to:

  • Reach an agreement on their own
  • Seek the assistance of an Employment Standards mediator
  • This allows you to preserve relationships, save time, and avoid formal sanctions

Enforcement measures and sanctions

If the violation is proven:

  • An Order of Officer is issued — mandatory payment of debts, compensation, fees.
  • Officer's order: with the right to reinstatement, provision of lunch, changes in documentation, etc.
  • Administrative fines for serious or systematic violations.
  • Orders have the force of a court decision (Court of King's Bench) — they can be enforced through the courts.

Appeal process

  • Appeals may be lodged by both the employee and the employer — in writing, within 21 days of the decision/order being delivered.
  • The employee appeals to the Director of Employment Standards or to a special appeals board (Alberta Labor Relations Board — since 2018).
  • The employer adds the full deposit of the relevant amount to the appeal.
  • The appeal involves mediation and, in complex cases, a formal hearing with arguments and witnesses.

Timeframes and expectations

  • Simple wage complaints: several weeks/months.
  • Complex cases or appeals: several months or more.
  • Initial review usually takes 1–3 weeks, formal investigation depends on the complexity of the case.

Support resources for workers

  • Workers' Resource Centre: assistance with forms, communication with employers/governments, operates throughout Alberta.
  • Calgary & District Labour Council: advice and information support, emphasizes the importance of employment agreements and keeping records.
  • Alberta Employment Standards Info Line: 1-877-427-3731 (toll-free) Web form for questions — on the Employment Standards Alberta website.

Alternatives to Employment Standards

  • Discrimination and Harassment: contact the Alberta Human Rights Commission.
  • Workplace safety: contact Occupational Health and Safety (OHS).
  • Union members: first use the procedures outlined in the collective agreement.
  • Professional regulators: their own complaints procedure.

In complex or specific cases (e.g., constructive dismissal), you may need to consult a private lawyer.

Practical tips for a successful complaint

  • Keep detailed records of hours, wages, vacations, incidents, and correspondence.
  • Organize all documents chronologically.
  • Provide accurate, honest information. If you are unsure, say so.
  • Be prepared to cooperate with the inspector; respond quickly to requests.
  • Remember: it is your right to defend your working conditions. Employment Standards are not only a personal guarantee, but also a contribution to fairness for all Alberta workers.