Ministry of Labour Complaints in Ontario: Should You File One?
Filing a complaint with the Ontario Ministry of Labour (MOL) may seem like a quick fix when facing issues at work — but it’s not always the best path, especially if you’ve been let go.
While the MOL can help with certain Employment Standards Act (ESA) violations, filing a complaint can limit your legal options. In fact, it may stop you from getting the full severance pay you’re owed — as much as 24 months’ compensation in some cases.
Here’s what you need to know before you file a Ministry of Labour complaint in Ontario.
What Can You File a Ministry of Labour Complaint About?
The MOL handles complaints related to violations under the Employment Standards Act, including:
- Unpaid wages
- Overtime violations
- Public holiday pay issues
- Vacation pay
- Failure to provide proper notice or termination pay (severance pay)
- Lack of meal breaks or rest periods
- Failure to issue a Record of Employment (ROE)
- Misclassification of workers (e.g., calling someone an independent contractor when they’re an employee)
- An unsafe workplace (including when temperatures are too hot or cold)
📌 Important: the MOL only enforces ESA minimums — not your rights to full severance pay in Ontario.
What the Ministry of Labour Can’t Do
If you’ve been wrongfully dismissed in Ontario, the Ministry can’t secure full severance pay or damages beyond ESA minimums.
That means:
- You may only get 1 week per year of service (capped under ESA rules)
- You lose the chance to pursue up to 24 months’ pay through an Ontario employment lawyer at Samfiru Tumarkin LLP
This applies even if your dismissal was unfair, or if your employer:
- Pressured you to quit
- Fired you for asking about your rights
- Failed to provide a valid reason or fair compensation
⚠️ Warning: Once you file a Ministry complaint and two weeks pass, you can’t file a claim for wrongful dismissal or full severance (as much as 24 month’s pay)!
🟢 Real Example: Ministry of Labour Gave Bad Advice
Our firm represented a group of Ontario workers who were wrongly told by the Ministry of Labour that they weren’t owed severance because their company, Trillium Screw, shut down.
In reality, they were owed tens of thousands. They only found out after hearing Lior Samfiru on the radio — and filed claims with his help against the Ministry for negligent advice.
👉 Read more about our lawsuit against the Ministry of Labour
Filing a Ministry of Labour Complaint vs. Suing for Severance
| Factor | Ministry of Labour Complaint | Legal Claim with a Lawyer |
|---|---|---|
| Covers ESA Minimums | ✅ Yes | ✅ Yes |
| Covers Full Severance (Common Law; up to 24 mths) | ❌ No | ✅ Yes |
| Includes Damages for Bad Faith, Discrimination | ❌ No | ✅ Yes |
| No Cost to File | ✅ Yes | ✅ Yes (Contingency Fee option at Samfiru Tumarkin LLP) |
| Limits Future Legal Action | ✅ Yes | ❌ No |
Can I Withdraw a Ministry of Labour Complaint?
Yes. If you withdraw your complaint within 2 weeks, you can still file a legal claim against your employer for full severance.
According to Section 97(4) of the ESA, you are not barred from civil action if the complaint is withdrawn in time. The process is simple — usually a phone call to the Ministry.
⚠️ Don’t Delay! Contact us immediately if you’ve already filed a complaint and aren’t sure what to do next.
Ministry of Labour Complaint Contact Info
Ministry of Labour Ontario Complaint Phone Number:
- 📱 1-800-531-5551 (Employment Standards Info Centre)
You can also file a complaint online through the Ministry’s website. But again — do not file before speaking to an employment lawyer at Samfiru Tumarkin LLP if your issue involves a termination without cause or for cause, severance, or wrongful dismissal in Ontario.
Filing a Ministry of Labour complaint may seem like the easiest option — but it could cost you tens of thousands of dollars in lost compensation.
✅ Speak to an employment lawyer in Ontario before filing a claim. We’ll explain your full rights and help you choose the best path forward.
Speak to an Employment Lawyer in Ontario
If you’ve been let go or treated unfairly at work, don’t rely on the Ministry of Labour for full compensation. You may have a legal claim for up to 24 months’ pay — or tens of thousands of dollars.
At Samfiru Tumarkin LLP, we’ve helped over 50,000 non-unionized employees across Ontario protect their rights and secure what they’re legally owed.
- 👥 Over 50,000 clients helped across Canada
- 💰 Millions recovered in severance and compensation
- ⚖️ No win, no fee — you don’t pay unless we win*
- ⭐ 2,283 5-star Google reviews across Ontario (4.8 average)
- 🏆 Recognized as one of Canada’s Best Law Firms by The Globe and Mail
* Conditions apply. Not all cases qualify.
Contact us now to find out what you’re owed. Book your consultation or call 1-855-821-5900.
⚠️ UNIONIZED?
You must consult your union representative regarding termination, severance pay, and other workplace issues. By law, employment lawyers can’t represent unionized employees with these issues. You’re governed by your collective bargaining agreement.
About the Author
Lior Samfiru
Lior Samfiru is a Founding Partner at Samfiru Tumarkin LLP and the Practice Leader of the firm’s Labour & Employment Law Group. Known for his advocacy and success representing both employees and employers, Lior exclusively serves clients in Ontario, where his extensive experience has made him one of Canada’s most sought-after employment lawyers.
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