Can a third party file a complaint that an employer is violating the Act?
Any person may make a complaint that an employer is or has violated a provision of the Employment Standards Act. The Director will not accept a complaint based on rumour or innuendo. Reasonable and probable cause must be established. Cause can be established through, for instance, a payroll statement showing an employee worked overtime but was not paid at the time and one-half rate. In some cases, the complainant will be required to swear an affidavit attesting to the truth of their statement regarding the complaint. Anyone who knowingly files a false third party complaint commits an offence and is liable on summary conviction to a fine not exceeding $10,000.
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