An employee may file a complaint in writing with the Equal Pay Commissioner.
A complaint must be filed no later than two years since the last occurrence of the circumstances that underlie the complaint.
When the Equal Pay Commissioner receives a complaint, she or he must provide a copy of the complaint to the other parties, namely, the employer and the bargaining agent, if any.
The Equal Pay Commissioner must investigate the complaint and may assist the parties to resolve it. When investigating a complaint, the Commissioner has the power to:
- request any person who has or may have relevant information to respond to oral or written inquiries;
- request any person to produce documents or things that the Equal Pay Commissioner considers necessary; and
- request any person to compile and produce information relating to job evaluation and pay.
The Commissioner may also hire experts or other persons necessary to assist in conducting the investigation.
The investigation must be completed by the Equal Pay Commissioner within six (6) months after receiving the complaint. Once the investigation is complete, the Commissioner must prepare an investigation report that includes recommendations on how to resolve the complaint, and must send it to the parties.
The parties may settle the matter at any time and should endeavour to do so after receiving the Commissioner’s report. However, if the parties are unable to find a resolution, any party to the complaint may refer it to arbitration, in accordance with the Act (see further information in the section on “Arbitration”).