Section 246.3 — Canada Labour Code: Rejection of complaint

The Board may reject a complaint made under subsection 246.1(1), in whole or in part, if the Board is satisfied that the complaint is not within its jurisdiction, the complaint is frivolous, vexatious or not made in good faith, the complaint has been settled in writing between the employer and the employee, there are other means available to the employee to resolve the subject matter of the complaint that the Board considers should be pursued, the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator, or in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third party dispute resolution process; or if consideration of the complaint was suspended under subsection 246.2(1) and if, in the Board’s opinion, the measures specified in the notice under subsection 246.2(2) were not taken within the specified time period. If the Board rejects a complaint, it shall notify the employee in writing, with reasons.