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When can I file a claim with the Ministry of Labour?

If your employer violated your rights and you do not work for a union, you can file a claim with the Ministry of Labour, Immigration, Training and Skills Development.

According to Steps to Justice, you can make a claim if your employer has:

paid you less than the minimum wage
not paid you what they owe you for overtime
made illegal deductions from your pay
punished you because you asked them to respect your rights

How do I file a claim?

Most workers in Ontario are covered by the Employment Standards Act (ESA). However, the ESA is not the only law that applies to Ontario workplaces; the ESA rules are just the minimum requirements.

You may have greater rights under:

an employment contract
collective agreement
the common law
other legislation

The Ministry of Labour, Immigration, Training and Skills Development provides information about when and how to file an ESA claim.

The Steps to Justice website also lists details you will need before filing your claim.

Is there a time limit?

You can still file a claim after you leave an employer. You have up to 2 years to file a claim for wages your employer owes. Other types of claims may have different limits.

According to the Steps to Justice website, “making a claim with the Ministry and getting a decision can take 3 to 8 months or longer. If you can resolve problems with your employer, that's always best.”

Unions

You should contact your union representatives first if you are part of a union. They can take specific steps to help solve your problem with their process.

Sometimes, you may need to make your application to the Ontario Labour Relations Board instead of your union or the Ministry.

What happens after I file a claim with the Ministry of Labour?

Sending your claim to the Ministry of Labour is called “filing” your claim.

According to the Steps to Justice website, “after you send in your claim, the Ministry gives you a claim submission number. You need this to keep track of what's happening with your claim. If you use the online form, you get the number right away. Otherwise, the Ministry sends it to you in the mail.”

The Ministry of Labour, Immigration, Training and Skills Development, an employment standards officer, will contact your employer to solve the problem. If they cannot, they will investigate how to solve the problem.

The employment standards officer will review the information collected during the investigation and make a decision.

They will give your employer a chance to solve the problem.

If your employer does not fix the problem, the officer can order your employer to:

Pay wages that they owe you.
Follow the rules of the ESA.
Give you back your job.
Compensate you in some other way.

The officer can write a ticket or file charges against your employer. If convicted, your employer may be fined or sent to jail. It is important to remember that this whole process can take a long time.

For More Information

Occupational health and safety regional offices - Find contact information for the Ministry of Labour, Immigration, Training and Skills Development’s health and safety regional offices.
What are my rights as a worker in Ontario? This gives you an overview of the Employment Standards Act (ESA) and what you, as a worker, should know. It is available in different languages.
Information for Employees About Hours of Work and Overtime Pay -These are the general rules in Ontario about hours of work and overtime pay.