History — 251.05

Rejection of complaint 251.05 (1) The Head may reject a complaint made under section 251.01, in whole or in part, (a) if the Head is satisfied (i) that the complaint is not within their jurisdiction, (ii) that the complaint is frivolous, vexatious or not made in good faith, (iii) that the complaint has been settled in writing between the employer and the employee, (iv) that there are other means available to the employee to resolve the subject-matter of the complaint that the Head considers should be pursued, (v) that the subject-matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator, (vi) that in respect of a complaint other than a complaint of non-payment of wages or other amounts to which the employee is entitled under this Part, there is insufficient evidence to substantiate the complaint, or (vii) that 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; (b) if consideration of the complaint was suspended under subsection 251.02(1) and if, in th…