Phone call to Labour Standards not a formal complaint, says board
The Nova Scotia Labour Board has dismissed a complaint filed by a Costco worker because it was submitted beyond the statutory six-month deadline for such complaints, despite the worker’s argument that she called Labour Standards seven months before her written complaint.
The worker was an employee of Costco Wholesale Canada, since 2013. According to the worker, she was subjected to bullying and threats by Costo and its management. Costco held a meeting with the worker on Jan. 30, 2023, at which the worker claimed that she was further bullied and harassed.
The day after the meeting, Jan. 31, the worker came to the store where she worked and advised that she would be taking a leave of absence. She didn’t return to work after that.
The worker made a telephone call to Nova Scotia Labour Standards on Aug. 2. However, she didn’t file a written complaint until March 8, 2024, that alleged she was constructively dismissed on the day of the meeting due to the treatment she suffered.
Statutory limit
The provincial Director of Labour Standards found that the worker’s complaint was filed outside the statutory limit for such complaints, and as a result Labour Standards didn’t have jurisdiction to assess her allegations of bullying and harassment leading to constructive dismissal. The Director also noted that even though the worker hadn’t worked since Jan. 31, 2023, she remained on Costco’s payroll as an active employee and therefore wasn’t terminated.
The worker filed an appeal before the Labour Board, identifying the date of the labour standards violation as Jan. 30, 2023. She also argued that her telephone call to Labour Standards on Aug. 2, 2023, should be considered the date of her complaint.
The board noted that the Nova Scotia Labour Standards Code set out the time limits for filing complaints at six months preceding the receipt of the complaint by the Director or an initiation of an inquiry by the Director.
The board determined that the worker’s complaint couldn’t proceed because the alleged violation occurred on Jan. 30, 2023. Under the code’s time limits, it would have to have been filed by July 30, said the board.
Labour standards complaint
The board also rejected the worker’s argument that she filed a complaint on Aug. 2, 2023, when she called Labour Standards, because “a telephone inquiry does not constitute the filing of a complaint under the code.” In addition, it didn’t really matter because the date of the call fell outside of the six-month limitation period by a few days, the board said.
The board noted that jurisprudence established that it had no authority to extend the filing period established by the code. The six-month rule was clearly stated on publicly accessible government resources and ignorance it wasn’t reason to extend or not follow it, said the board.
The board dismissed the worker’s appeal, finding her labour standards complaint was filed seven months past the statutory dealine. See Benoit v. Costco Wholesale Canada Ltd., 2025 NSLB 52.
