File a Formal Complaint under the PEI Employment Standards Act (Non-Union)
You may file a formal complaint if you feel that your employer or employee has acted in a manner that violates the Employment Standards Act. If you have been unable to resolve the matter with your employer or employee, the next step is to file a written complaint.
Who can file a formal complaint with the Employment Standards Board?
An employee or employer may file a complaint with the Employment Standard Branch, if they feel the Employment Standards Act has been violated. It is recommended that the parties try to resolve disputes themselves before filing a complaint with the Employment Standards Board.
How can I file a complaint with the Employment Standards Board?
A formal employment standards complaint can be submitted using our Online Formal Complaint Form or by downloading the Formal Complaint Form. The complainant is expected to file all documentation and information relevant to the complaint.
Is there a fee?
There is no fee to file a complaint.
What happens when a complaint has been filed?
Once a complaint has been filed, the inspector 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. During an investigation, both the employer and employee will have the opportunity to present the facts and arguments that are relevant to the case.
What happens after the Chief Employment Standards Officer has made a decision?
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.
What do I need to file the complaint?
You must file all documentation and information in your possession relevant to the complaint.
How long will it take to fill out this form?
Depending on the amount of material you have to include, this process may take up to one hour.
Who can I contact for more information?
Hazel Walsh (Office Coordinator)
Sherwood Business Centre
161 St. Peters Road, 2nd Floor
PO Box 2000
Telephone: (902) 368-5550
Toll Free: 1-800-333-4362
Fax: (902) 368-5476