If your employer has violated Ontario’s employment standards, you may be able to file a complaint with the Ministry of Labour. But filing a Ministry claim is not always the best option — especially if you have been fired or are owed severance.
Ontario’s Ministry of Labour, Immigration, Training and Skills Development can investigate violations of the Employment Standards Act (ESA), including unpaid wages, vacation pay, public holiday pay, overtime and certain protected leaves.
The Ministry only enforces minimum employment standards. You may have greater rights under your employment contract or common law that the Ministry cannot award.
Fired or offered severance? Get legal advice from Samfiru Tumarkin LLP before filing a Ministry of Labour complaint. If you file an ESA claim for termination or severance pay, you can lose the ability to pursue a wrongful dismissal claim in court for the same termination unless you withdraw the Ministry complaint within the applicable two-week window.
On This Page:
- 1. What Is a Ministry of Labour Complaint?
- 2. What Can You File a Complaint About?
- 3. How to File a Complaint
- 4. Anonymous Complaints
- 5. What Happens After You File?
- 6. Termination & Severance Claims
- 7. Deadlines
- 8. Employer Retaliation
- 9. FAQ
- 10. Get Legal Advice
What Is a Ministry of Labour Complaint in Ontario?
An employee can file an employment standards claim with Ontario’s Ministry of Labour, Immigration, Training and Skills Development if they believe their employer has violated a right protected by the ESA.
The ESA sets minimum workplace standards for most provincially regulated employees in Ontario. The Ministry can investigate complaints and, where appropriate, order an employer to comply with the law or pay amounts owing.
However, the Ministry does not determine every workplace dispute.
| Issue | Ministry of Labour complaint? |
|---|---|
| Unpaid wages | Potentially yes |
| Minimum wage | Potentially yes |
| Overtime pay | Potentially yes |
| Vacation pay | Potentially yes |
| Public holiday pay | Potentially yes |
| Protected ESA leave | Potentially yes |
| ESA termination or severance pay | Potentially yes, but get legal advice first |
| Full wrongful dismissal compensation | No — common-law damages are generally pursued outside the Ministry process |
| Workplace discrimination | Usually handled through other legal processes |
If you are unsure which process applies to your situation, it is worth checking before filing. Choosing one route can sometimes affect your ability to use another.
What Can You File a Ministry of Labour Complaint About?
A Ministry complaint can be appropriate when an employer fails to meet a minimum standard required by Ontario’s ESA.
Unpaid Wages
You may be able to file a claim if your employer has failed to pay wages you earned, made an unlawful deduction or failed to provide required wage information.
This can include disputes involving regular wages, commissions or other compensation that qualifies as wages under the ESA. See our guide on withholding wages in Ontario.
Minimum Wage
Employees covered by Ontario’s minimum wage rules must generally receive at least the applicable minimum rate. Learn more in our Ontario minimum wage guide.
Overtime Pay
If you are eligible for overtime and your employer has not paid the amount required by the ESA, you may be able to file a complaint.
For most eligible Ontario employees, overtime generally begins after 44 hours worked in a week. Exemptions and special rules can apply.
Vacation Pay
An employee may be able to make a claim if an employer has failed to pay required vacation pay or provide vacation entitlements required by the ESA.
Public Holiday Pay
Eligible employees who are not properly paid for an Ontario public holiday may be able to file an ESA claim.
Protected Leaves
The ESA provides several job-protected leaves. An employer generally cannot deny an eligible employee an ESA leave or penalize them because they exercised that right. Learn more about leaves of absence in Ontario.
Termination Pay and ESA Severance Pay
The Ministry can enforce only minimum termination and statutory severance entitlements under the ESA.
The ESA minimum is likely not everything you are owed. A non-unionized employee has significantly greater rights under common law depending on their employment contract and circumstances.
The Ministry enforces minimum standards — not necessarily your full entitlement. If you have lost your job, compare your ESA minimums with your potential common-law severance rights before choosing how to proceed. You could be owed as much as 24 months’ pay.
How to File a Ministry of Labour Complaint in Ontario
Ontario employees can file an employment standards claim online through the provincial government.
Step 1: Identify the Employment Standards Issue
Before filing, identify exactly what you believe your employer failed to provide. For example:
- Unpaid wages
- Overtime
- Vacation pay
- Public holiday pay
- Termination pay
- ESA severance pay
- A protected leave
- A reprisal for exercising an ESA right
Step 2: Gather Your Records
Keep documents that support your complaint, including:
- Employment contracts
- Pay statements
- Schedules and time records
- Vacation records
- Emails and text messages
- Termination letters
- Severance offers
Clear records can help an employment standards officer understand what happened and calculate amounts that may be owing.
Step 3: Consider Whether You Have Greater Legal Rights
This step is especially important after a termination.
The ESA creates minimum standards. Your employment contract or common law may provide greater rights that can’t be fully pursued through an ESA complaint.
Before filing a claim for termination or severance pay, have your full situataion assessed by our team.
Step 4: Submit the Claim
Employment standards claims can generally be submitted online through the Government of Ontario’s Ministry of Labour claim process.
Provide accurate information and keep a copy of what you submit, along with your supporting documents and claim number.
Can You Make an Anonymous Ministry of Labour Complaint in Ontario?
Employees often want to know whether they can report an employer without being identified.
There is an important distinction between providing information about a possible workplace violation and filing a formal employment standards claim seeking money or another remedy for yourself.
A formal claim generally requires the Ministry to know who is making the claim and the circumstances involved so an employment standards officer can investigate it.
If your main concern is that your employer will punish you for raising an employment standards issue, Ontario law also contains protections against reprisals.
Worried about retaliation? Keep copies of schedules, emails, texts, disciplinary notices and other records showing what happened before and after you raised the workplace issue.
What Happens After You File a Ministry of Labour Complaint?
If your complaint falls within the ESA process and is filed within the applicable deadline, an employment standards officer may investigate the claim.
The officer can request information from you and your employer, review records and determine whether the ESA was violated.
Depending on the issue and findings, the process can result in orders involving unpaid wages, compensation, reinstatement or other remedies available under the ESA.
The Ministry process does not automatically result in a court case. It is an administrative enforcement process focused on statutory employment standards.
Should You File a Ministry of Labour Complaint After Being Fired?
Not before understanding your other options.
Ontario’s ESA sets minimum termination and severance requirements. Many non-unionized employees can potentially be entitled to more compensation under common law.
Common-law severance can depend on factors such as your:
- Age
- Length of service
- Position
- Compensation
- Employment contract
- Availability of comparable work
The Ministry does not award common-law wrongful dismissal damages.
A Real Example: The Trillium Screw Case
Two long-service employees of Trillium Screw Manufacturing contacted Ontario’s Ministry of Labour after losing their jobs when the company shut down. They were told they were entitled to eight weeks’ pay and relied on that information when accepting their employer’s offers.
Samfiru Tumarkin LLP later took legal action against the Ministry, arguing that the employees had only been told about their minimum ESA entitlements and had not been properly informed about potentially greater rights under common law.
The lesson: ESA minimums may be much less than your full severance entitlement. Read the Trillium Screw story and why getting severance advice before accepting an offer matters.
Can You File a Ministry Complaint and Sue for Wrongful Dismissal?
Generally, you can’t pursue both routes for the same termination.
If you file an ESA complaint claiming termination pay or severance pay, you generally can’t then start a wrongful dismissal lawsuit relating to that same termination.
Ontario’s ESA provides an important exception: an employee who withdraws the Ministry complaint within two weeks after filing it can preserve the ability to start the applicable civil proceeding.
Already filed a Ministry complaint after losing your job? Get legal advice immediately. The two-week withdrawal period can be critical if you may have a larger wrongful dismissal claim.
Why Can a Court Claim Be Worth More?
ESA termination pay and statutory severance are minimum entitlements. Where an enforceable contract does not validly limit an employee’s rights, common-law reasonable notice may provide significantly more compensation.
The amount can also include more than base salary. Depending on the circumstances, compensation during the notice period can include benefits, bonuses, commissions and other forms of compensation.
Use our Severance Pay Calculator for an initial estimate, then have your termination documents reviewed before choosing the Ministry process.
How Long Do You Have to File a Ministry of Labour Complaint in Ontario?
Most ESA claims generally must be filed within two years of the alleged violation.
For unpaid wages, the Ministry generally cannot recover wages that became due more than two years before the claim was filed.
Do not assume every workplace claim has the same deadline. Different legal proceedings can have different limitation periods and requirements.
If significant time has already passed, get advice promptly rather than waiting until the deadline is close.
Can Your Employer Punish You for Making an Employment Standards Complaint?
An employer can’t lawfully punish an employee because the employee exercised a right protected by the ESA.
A prohibited reprisal can potentially include:
- Firing an employee
- Suspending or disciplining them
- Cutting their hours
- Threatening them
- Otherwise penalizing them for exercising an ESA right
For example, an employer should not fire an employee because they asked to receive minimum wage, requested an ESA-protected leave or raised a legitimate concern about unpaid overtime.
Remedies for a prohibited reprisal can include compensation and, in some cases, reinstatement.
Document the timing. If your employer suddenly cuts your hours, disciplines you or terminates you after you raise an employment standards concern, save the communications and schedules that show what happened.
Frequently Asked Questions About Ontario Ministry of Labour Complaints
How do I file a complaint with the Ontario Ministry of Labour?
Employment standards claims can generally be filed online through the Government of Ontario. Before filing, identify the ESA right involved, gather your records and determine whether another legal process could provide greater remedies.
Can I file a Ministry of Labour complaint against my employer?
Yes, if you believe your employer has violated an employment standard covered by the ESA and your situation falls within the Ministry’s jurisdiction.
Can I complain about unpaid wages?
Yes. Unpaid wages are a common type of employment standards claim. The Ministry may investigate whether money is owing under the ESA.
Can I report my employer anonymously?
You may be able to provide information about workplace violations, but a formal claim seeking compensation or another remedy for you generally requires the Ministry to identify and investigate your individual circumstances.
Can my employer fire me for contacting the Ministry of Labour?
An employer cannot lawfully retaliate against an employee because they exercised an ESA right. If you are fired or punished after raising an employment standards issue, you may have additional legal rights.
Can the Ministry of Labour get me severance pay?
The Ministry can enforce ESA termination pay and statutory severance pay where the requirements are met. It does not award common-law wrongful dismissal compensation, which can be substantially greater for some non-unionized employees.
Should I file a Ministry complaint if I was fired?
Do not file before comparing the ESA minimums with your potential wrongful dismissal entitlement. Filing a termination or severance claim through the Ministry can affect your ability to sue for wrongful dismissal relating to the same termination.
Can I withdraw a Ministry of Labour complaint?
Yes. For certain claims involving wages, termination or severance, withdrawing the complaint within two weeks after filing can be particularly important because it can preserve your ability to pursue the applicable civil claim.
How far back can the Ministry of Labour go?
Most ESA claims generally have a two-year filing limit. For wages, amounts that became due more than two years before the complaint was filed generally cannot be ordered through the ESA complaint process.
Should You Contact the Ministry of Labour or an Employment Lawyer?
The Ministry of Labour can be an appropriate option for straightforward violations of Ontario’s minimum employment standards.
An Ontario employment lawyer can help when you need to determine whether you have rights beyond those minimums — particularly after a termination, major workplace change or dispute involving substantial compensation.
Samfiru Tumarkin LLP helps non-unionized employees across Ontario understand their legal options, assess severance offers and pursue compensation when an employer has failed to meet its obligations.
Fired, owed severance or unsure whether to file a Ministry complaint? Before choosing a process that could affect your rights, contact Samfiru Tumarkin LLP or call 1-855-821-5900.