Section 21 – Effect of filing complaint
Effect of filing complaint - s. 21(1)
Subsection 21(1) establishes that a person who files a complaint with the Ministry of Labour under the Employment Protection for Foreign Nationals Act, 2009 (EPFNA) is not allowed to commence a civil action in court seeking a remedy for the same matter (but see s. 21(2)). This prevents a person from seeking a remedy with both the Ministry and the courts in relation to the same matter.
This provision is similar to s. 97(1) of the Employment Standards Act, 2000. The Program’s interpretation of s. 97(1) can be applied to this provision with necessary modifications. See ESA Part XXII, s. 97.
Withdrawal of complaint - s. 21(2)
Subsection 21(2) provides a two-week "cooling off" period in which the foreign national can withdraw the EPFNA complaint that he or she has filed with the Ministry, and thus preserve his or her right to commence a civil action in court. This two-week period could be used by the foreign national to consult a lawyer to determine whether the filing of the EPFNA complaint is advisable, given the potential impact on the complainant’s right to file a civil action.
This provision is similar to s. 97(4) of the Employment Standards Act, 2000. The Program’s interpretation of s. 97(4) can be applied to this provision with necessary modifications. See ESA Part XXII, s. 97.