Pay equity complaints
Several types of recourse are available to workers who notice shortcomings during the pay equity work, particularly if it was not carried out when it should have been.
If the worker feels that their rights are not being applied or respected, they may file a confidential complaint regarding the initial pay equity exercise, whether completed or not, the pay equity maintenance audit, reprisals by the employer, or any prohibited conduct.
If the employer has simply failed to carry out its pay equity obligations within the prescribed deadlines, either within four years following the year in which the business averaged ten workers, a complaint may be filed with the CNESST at any time.
Workers may also file a complaint if the pay equity work was not carried out in compliance with the law.
Likewise, a complaint may be filed if the employer has not paid the required pay adjustments, or if the pay equity maintenance audit has not been respected— in the latter case, when the business does not have a pay equity committee. A worker may be represented by a business, a firm, or another person.
NOTE: Conditions relating to deadlines may vary depending on the work and the size of the business.
In businesses with fewer than 10 workers…
If the business you work for is not subject to the Pay Equity Act and you believe your pay equity rights are not being respected, you can file a complaint under Section 19 of the Charter of Human Rights and Freedoms.
Complaints for reprisals
Workers may file a complaint if they feel that reprisals have been taken against them because they exercised a right provided for in the Pay Equity Act.
Workers who have exercised their rights under the Pay Equity Act may face reprisals from their employer.
Workers who have been threatened, had their salary reduced, or been dismissed after filing a complaint, they may seek recourse.
The complaint must be filed within 30 days of the reprisal.
A worker may be represented by a business, a firm, or another person. Union members may seek assistance from their union.
The CNESST will review the complaint, and if it is accepted, it will be referred to the Administrative Labour Tribunal.
Complaints regarding prohibited conduct
If the worker feels that they have experienced prohibited conduct during pay equity work, they may file a complaint.
During the pay equity work, the employer, the certified association or the committee members may commit acts prohibited by the Pay Equity Act.
Prohibited conduct may be:
-Bad faith, such as deliberately obstructing the objectives of the Act;
-Arbitrary actions, such as superficial or careless treatment;
-Discriminatory conduct, whether intentional or not;
-Gross negligence, meaning a failure or omission without intent to harm.
These are deemed to be unreasonable or unwarranted, with the result that pay equity work deviates from the objectives of the Act.
To file a complaint, such conduct must have occurred during the initial pay equity exercise or the pay equity maintenance audit.
The complaint must be filed within 60 days of the incident or from the date on which the worker became aware of the conduct, using the Prohibited Conduct Complaint Form.
You may mandate a business, a firm or another person to represent you during the complaint process.
The employer failed to complete the required pay equity work
The employer failed to carry out their work correctly (except in cases where the work was carried out by an equity committee)
The employer failed to pay the salary adjustments due
At any time after expiry of the employer’s legal deadline
30 days from the time of the reprisals
The employer failed to complete the required pay equity work
30 days from the time of the reprisals
Prohibited conduct by employer, union or pay equity committee
60 days from the time of the conduct in question or from the date the worker became aware of the conduct
To file a complaint, the worker must complete and send the Complaint form – Pay Equity, to the CNESST, which is valid for:
- Pay equity work not carried out or carried out incorrectly;
- Non-réception des ajustements salariaux qui lui étaient dus.
