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Complaint Resolution Process During Investigation - Act Part 10, Section 76.1

Last updated on August 1, 2026

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section allows the Director of Employment Standards to require parties to participate in a specified complaint resolution process, excuse parties from that process, proceed with investigations if parties fail to participate, and consider evidence provided during that process when making a determination about a complaint.

Text of Legislation

76.1 (1) In this section, "party", in relation to a complaint made under section 74 (1), means the following:

(a) the complainant;

(b) the person against whom the complaint was made.

(2) If the director investigates a complaint, the director may

(a) require the parties to participate in a complaint resolution process conducted by the director as part of the investigation, and

(b) specify the manner in which the parties must participate in that process.

(3) The director may

(a) excuse a party from the requirement to participate in a complaint resolution process if that party gives a reason the director considers satisfactory, and

(b) continue to investigate the complaint after excusing a party under paragraph (a).

(4) If a party fails to participate in a complaint resolution process as required under subsection (2), the director may

(a) continue to investigate the complaint, or

(b) stop investigating the complaint and, subject to section 78.1, proceed to make a determination under section 79.

(5) Evidence, submissions and other information provided to the director by a party during a complaint resolution process

(a) may be considered by the director when making a determination under section 79, whether or not one or both of the parties participated in the complaint resolution process, and

(b) are part of the record referred to in section 112 (5).

Policy Interpretation

Subsection (1)

For the purposes of this section, "party" means both the person who filed the complaint and the person named in the complaint. A person can be an individual, corporation, partnership or the legal representative of a person. Typically, for the purposes of resolution meetings, "parties" refers to the worker and their employer.

Subsection (2)

When the Director receives an employment standards complaint, they may require the parties to participate in a complaint resolution process as part of the investigation into the complaint. The Director can specify the nature of this process, which may include attending a meeting (typically online or by phone) to explore complaint resolution.

Subsection (3)

If a party provides the Director with a satisfactory reason why they cannot participate in the process identified in subsection (2), the Director can waive the requirement to participate. If so, the Director may continue to investigate the complaint.

Satisfactory reasons may include:

  • The complainant is under 19 years of age and a parent or guardian is unable to attend the meeting
  • There is a no-contact order in place through the courts
  • There are reports or active investigations into criminal proceedings (for example, violence, harassment, human trafficking, etc.)

Satisfactory reasons will not normally include:

  • Reluctance to attend a meeting
  • General stress or discomfort
  • Minor inconvenience
  • Unsuccessful past attempts to resolve the dispute between the parties

Subsection (4)

If a party doesn't participate in the complaint resolution process despite not having a satisfactory reason to do so under subsection (3), the Director may continue to investigate the complaint or proceed directly to preparing a discretionary written report under section 78.1 and/or make a determination under section 79. The determination may stop investigation of the complaint pursuant to section 76(8)(d) or otherwise decide the complaint based on the information already in the Director's possession. This may include:

  • Stopping an investigation if the complainant fails to participate
  • Expediting the complaint to a final decision if the employer fails to participate

Subsection (5)

Resolution meetings are part of the complaint investigation process. When making a determination about a complaint, the Director may consider any evidence, submissions or other information that a party provides during the complaint resolution process. This evidence forms part of the record the Director must provide to the Employment Standards Tribunal under section 112(5) in the event of an appeal.

Related Information

Related sections of the Act or Regulation

ESA