Overview of Employment Rights

Do you know which holidays require pay?

Have you ever wondered how much vacation pay you should get?

Do you know how much notice you should get if you are fired?

If you've ever asked yourself these kinds of questions, the Labour Standards Division can help. Every day we answer hundreds of questions from people who want to learn more about how the Labour Standards Code applies to them.

In some cases, you may feel that your employee or employer has broken the Labour Standards Code. When you call, officers will give you information that can help you decide whether or not to file a complaint. We encourage you to discuss the issue with your employer/employee using the information we provide about the Labour Standards Code. This information can help answer some questions you may have about the complaint process, should you decide to make one.

How do I make a complaint?

You can make a complaint by filling out our Complaint Form. We can send you a copy of the form, or you can pick one up from our offices.

What happens to my complaint?

After we receive your complaint, we will assign one of our Labour Standards officers to look into it. Labour Standards officers are impartial and do not represent either party in a case. The officer will review your situation and contact both sides to try to reach an agreement. Many complaints are settled using this method. If the complaint is not settled, an officer will investigate. During an investigation, the officer will contact you and the other party. The officer may ask you to provide information such as witnesses or employment records to support your claim. Based on the information collected, the officer will make a decision about your case. At any time during this process, you may employ a lawyer to assist in your case.

What is a Director's Order, and what do I do if I get one?

After an investigation, if you and the other party have not settled, a Director's Order may be issued. A Director's Order is a legal document which may:

• order a party to comply with the Labour Standards Code by, for example, paying money that is owed
• order that a complaint be dismissed if the evidence does not support it

If you get a Director's Order you can either accept the decision and comply with it, or you can appeal the decision.

If I disagree with the Director's Order, how do I appeal it?

To appeal a decision you must do three things:

• get the appeal form by:
  • calling: 902-424-6730 or
  • downloading the form or
  • picking it up from one of our offices:
      7th floor, 5151 Terminal Road, Halifax, NS or
      360 Prince Street, Sydney, NS
• complete the appeal form
• file the form with the Labour Standards Tribunal within 10 working days of receipt of the Director's Order

If you decide to appeal, you have the option to employ a lawyer to assist with the process.