How to File a Ministry of Labour Complaint in Ontario

Filing a complaint with the Ontario Ministry of Labour may be the right step if your employer has violated your basic workplace rights under the Employment Standards Act (ESA).

Whether you’re dealing with unpaid wages, missing vacation pay, overtime issues, or a delayed ROE, the Ministry of Labour offers a complaint process that can help resolve certain disputes — usually at no cost to you.

This guide explains how to file a Ministry of Labour complaint in Ontario, what happens after you file, and when it may be better to speak with an employment lawyer at Samfiru Tumarkin LLP instead.

• 👉 If you’re considering a complaint due to a termination, severance offer, or dismissal, read this guide first to avoid giving up your legal rights.

When Should You File a Complaint with the Ministry of Labour?

You can file a complaint with the Ontario Ministry of Labour if your employer has violated your rights under the Employment Standards Act (ESA) and you’re not trying to claim severance pay.

Common reasons to file include:

• Unpaid regular wages, vacation pay, or public holiday pay
• Unpaid or underpaid overtime
• Missing Record of Employment (ROE) after job loss
• Not being given your entitled breaks
• Being misclassified as an independent contractor
• Retaliation after raising concerns (reprisal)

You should also file a claim if you’re owed termination pay under ESA, but not pursuing full severance beyond minimum standards.

What You Need Before Filing

Before you file a complaint with the Ministry of Labour, make sure you have the right information and documentation ready.

You’ll need to provide:

• Your employer’s name and contact information
• Your job title and description of your duties
• Start and end dates of your employment (if applicable)
• Pay details – including hourly wage or salary, pay frequency, and any deductions
• Evidence to support your complaint, such as:
  • Copies of pay stubs or time sheets
  • Emails or written communication with your employer
  • ROE or termination letter (if applicable)
  • Notes on any attempts to resolve the issue internally

If your workplace has shut down or your employer is no longer reachable, you can still file a complaint.

How to File a Ministry of Labour Complaint (Step-by-Step)

Filing a complaint with the Ministry of Labour is free and can be done in a few different ways — online, by fax, or by mail. Most people choose to file online through the government portal.

Here’s how the process works:

1. Visit the Ministry of Labour Website
   Go to the Employment Standards Claim Portal on the Ontario government website.
2. Create or Log In to Your ONe-Key Account
   You’ll need a secure ONe-Key ID to access government services online. If you don’t already have one, the portal will guide you through creating an account.
3. Fill Out the Online Complaint Form
   The form will ask you to provide personal contact information, details about your employer, the type of violation, a timeline of events and communications with your employer, and any supporting documents.
4. Submit Your Complaint
   Once the form is complete, submit it online. You’ll receive confirmation that your claim has been filed. Alternatively, you can also fax it to 1-866-289-9247 or mail it to the address provided on the form.
5. Wait for the Ministry to Assign an Office
   An Employment Standards Officer (ESO) will be assigned to review your claim and begin the investigation process. This can take several weeks.
   

Can I File a Ministry of Labour Complaint Anonymously?

In some situations, you can file a Ministry of Labour complaint anonymously — but it depends on the type of complaint you’re making.

🔒 Anonymous Complaints Are Allowed For:

• Health and safety violations (under the Occupational Health and Safety Act)
• Workplace harassment or unsafe conditions
• Concerns about child labour

In these cases, the Ministry may investigate without disclosing your identity.

❌ Anonymous ESA Complaints (Like Unpaid Wages) Are Not Permitted

If you’re filing an Employment Standards Act (ESA) complaint — for things like unpaid wages, vacation pay, or overtime — you must identify yourself. Your employer will be notified as part of the investigation.

However, the Ministry takes steps to limit retaliation, and it is illegal for an employer to punish you for filing a claim.

What Happens After I File a Complaint?

Once your complaint is submitted, the Ministry of Labour assigns an Employment Standards Officer (ESO) to investigate your claim. The process may take several weeks to a few months, depending on the complexity of your case.

Here’s what typically happens next:

1. Your Case Is Reviewed

The ESO will contact you to verify details and request any missing information. You may be asked to explain:

• The nature of the violation
• What you’ve already done to resolve it
• The type of work you did and how you were paid

2. Your Employer Is Contacted

The ESO will reach out to your employer for their side of the story and may request:

• Pay records or timesheets
• Your ROE (if applicable)
• Any related communication or documentation

3. A Settlement Meeting May Be Scheduled

In many cases, the ESO will arrange a settlement meeting between you and your employer. This gives both sides a chance to:

• Present evidence
• Explain their position
• Attempt to reach an agreement

If a resolution is reached, the terms will be recorded and the file closed.

4. A Decision Is Issued

If no agreement is reached, the ESO will review all information and make a binding decision. You’ll receive written notice of the outcome.

If your complaint is successful, your employer may be issued an Order to Pay, with 30 days to comply.

What If I Disagree With the Ministry’s Decision

If you disagree with the Ministry of Labour’s decision — or your employer refuses to comply — you may be able to appeal or escalate the matter.

You Can Apply For a Review If:

• You believe the Employment Standards Officer made an error
• New evidence has become available
• The employer failed to comply with an Order to Pay

Appeals are submitted to the Ontario Labour Relations Board (OLRB). You must complete an Application for Review and submit it within 30 days of receiving the Ministry’s decision.

Should You Appeal or Start Fresh?

If your complaint involved severance, termination, or you feel your rights were only partially addressed, it may be more effective to speak with an employment lawyer instead of pursuing an appeal.

FAQs About Filing a Ministry of Labour Complaint in Ontario

✅ How Do I File a Complaint Against My Employer in Ontario?

You can file a complaint with the Ministry of Labour online through the Employment Standards Claim Portal, or by fax or mail. You’ll need to provide details about your job, employer, and the violation, along with any supporting documents.

✅ Can I File a Ministry of Labour Complaint Anonymously?

Only in specific situations, such as unsafe working conditions or workplace harassment in Ontario. For wage-related complaints under the ESA, you must identify yourself. Learn more about anonymous complaints.

✅ How Long Does a Ministry of Labour Complaint Take?

The process can take 3 to 6 months or longer, depending on the complexity of the case and the Ministry’s current caseload.

✅ Do I Need a Lawyer to File a Ministry of Labour Complaint?

No — the complaint process is free and self-guided. However, if your issue involves termination, severance, or wrongful dismissal, you should speak to an Ontario employment lawyer at Samfiru Tumarkin LLP before filing.

✅ What Happens If My Employer Doesn’t Respond to the Ministry?

The Employment Standards Officer will continue investigating using the available information. If the employer refuses to comply with an order, the Ministry can take enforcement action.

✅ Can I Withdraw My Complaint After Filing It?

Yes — but only within 2 weeks of filing. If you withdraw in time, you can still pursue full Ontario severance pay through a legal claim.

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.