Enforcement of Employment Standards

The Alberta Ministry of Labour administers the Employment Standards Code. There are Employment Standards offices around the province where you can make a written complaint.

Employment Standards Officers will receive and investigate complaints and recommend a procedure to deal with the complaint.

For more information see the links listed below for :

• Employment Services by Region
• File a Complaint with Employment Standards 
• Online Complaint Form

If you do not live near an Employment Standards Office, you can call 310-0000 toll-free or call (780) 427-3731 for information.

Information about federal employment standards can be obtained by calling the Federal Labour Program of Human Resources Development Canada at 1-800-641-4049.

An employer CANNOT terminate or restrict the employment of any individual employee for making a complaint to Employment Standards.

Last Reviewed: August 2019

An Employment Standards Officer can consider employee complaints in the following matters:

• entitlement to unpaid earnings
• suspension, termination or lay off arising out of certain situations, for example:
  • after starting maternity leave, parental leave, compassionate leave or reservist leave
  • garnishment proceedings are taken against the employee
  • employee gave or is going to give evidence in an inquiry, proceeding or prosecution arising from the Employment Standards Code
  • employee asked for something they are entitled to under the Employment Standards Code
  • employee made or is about to make a statement or disclosure required of them under the Employment Standards Code

The complaint must be made in the form and manner determined by the Director and should contain the required information including your contact information. You must notify the director if any changes are made to the required information.

Last Reviewed: August 2019

Yes. The time limit depends on whether the employee is part of an averaging arrangement.

If the employee is not part of an averaging arrangement, they must make a complaint while they are employed or within 6 months of the date of termination (whether the employee quits or the employer terminates the employment).

If the employee is part of an averaging arrangement and has a complaint about the employer failing to pay wages or overtime or both:

• if the averaging arrangement stops before the end of the averaging period to which the complaint relates, then the complaint must be made within 6 months of the date on which the averaging arrangement stops applying to the employee.
• if the point above does not apply, then any time up to 6 months after the end of the averaging period to which the complaint relates.

Last Reviewed: November 2020

An Employment Standards Officer has wide powers to investigate complaints. The powers include:

• entering the place of employment or where business occurs or where records are kept
• searching relevant records including using data storage, information processing or retrieval devices used by an employer
• conducting an audit of compliance
• questioning an employee without the employer being present during work hours
• requesting written and oral statements from employees and employers
• requiring the employer to post information or notices of the Employment Standards Code in easy-to-find places
• providing copies of information under the Employment Standards Code to employees
• entering a private dwelling with consent or permission from the court

The officer can refuse to accept a complaint that is frivolous or vexatious, where there is not enough evidence to uphold the complaint, or where there is another means available to the employee to resolve the matter that should be pursued first. The complaint can also be refused if the employee is proceeding with another action about the same matter: for example, by court proceedings.

Last Reviewed: August 2019

The officer might offer to mediate the issue between an employee and employer or to facilitate a settlement. If the matter is not settled, the officer will decide whether the employee has a valid complaint. If the officer decides that the complaint is not valid, he or she must serve the employee with notice of the decision, unless the complaint has been withdrawn. A matter can be found invalid if the employee refuses or fails to participate in the investigation and reasonable effort is made to contact the employee . The employee can appeal the decision to the Director of Employment Standards within 21 days.

If an officer decides that wages are due to the employee and is not able to settle the matter between the employer and employee, whether or not a complaint has been made, and the matter is not settled, they can order the employer to pay the employee, or the Director to pay on behalf of employee the earnings they are entitled and specify the date by which the order must be complied with. This decision can be appealed by the employer or employee to the Director of Employment Standards.

If the officer decides that the employee was suspended, terminated, or inappropriately laid off for a reason set out above, and the matter has no been settled, the officer must refer the complaint to the Director of Employment Standards.

Last Reviewed: August 2019

The Director can make a final decision on the Employment Standards Officer’s determination that an employee was not entitled to earnings or that an officer was justified in refusing to investigate the complaint. There is no appeal from these decisions.

A Director can make a finding that an employee is entitled to payment of earnings. Both the employer and employee can appeal this decision to an Umpire.

On a decision concerning suspension, termination, or layoff, if the matter cannot be mediated or settled, the Director can order reinstatement, compensation or both if he or she finds that the employee was suspended, terminated, or laid off inappropriately. This order must specific the date by which it must be complied with. An employer or employee can appeal this decision to an Umpire. However, if the Director finds that there was no suspension, termination, or layoff there is no appeal and the Director must serve the employee with notice of this decision.

Last Reviewed: August 2019

In order for the matter to reach an Appeal Body, a notice of appeal must be served on the Registrar of Appeals within 21 days of the date of service of the decision of the Director.

The procedure before an Appeal Body is more like a hearing with each party having the opportunity to present their case. The hearing is not as formal as a court hearing and the Appeal Body is not bound by the rules of evidence, but must follow the rules of natural justice in giving each party a fair hearing. The Appeal Body has the same power as a civil court to call witnesses to court and compel witnesses to give evidence under oath, in person, or to produce a relevant record or thing.

The Appeal Body can choose to carry out the procedure by video conferencing or electronic conferencing.

An Appeal Body  will make a decision, which has to be in writing and made available to each party. There is no appeal from an Appeal Body’s decision, although it is possible to seek judicial review of the decision in the courts if the requirements for judicial review are present. The law in the area of judicial review is complex and you should seek the opinion of a lawyer if you are considering this option.

Last Reviewed: August 2019