You can file complaints against your employer for different workplace violations depending on the issue:
Employment Standards Violations (Ministry of Labour)
File with the Ministry of Labour if your employer violates the Employment Standards Act:
- Unpaid wages – You didn’t get paid for hours worked
- Overtime pay – No time-and-a-half after 44 hours/week
- Vacation pay – Not receiving your 4% (or more) vacation pay
- Termination pay – Fired without proper notice or pay
- Severance pay – Not paid severance when entitled
- Public holiday pay – Not paid for statutory holidays
- Missed breaks – Not getting meal breaks or rest periods
- Misclassification – Called a contractor when you’re actually an employee
- Retaliation – Punished for asking about your rights
Workplace Safety Issues (Ministry of Labour)
File a health and safety complaint if:
- Unsafe working conditions – Hazards that could cause injury
- No safety equipment – Missing protective gear or safety measures
- Workplace harassment – Employer didn’t investigate harassment complaint
- Workplace violence – Threats or violence not addressed
- No safety training – Employer didn’t provide required training
- Safety violations – Breaking Occupational Health and Safety Act rules
Discrimination and Harassment (Human Rights Tribunal)
File with the Human Rights Tribunal of Ontario if you experienced:
- Discrimination based on race, gender, age, disability, religion, sexual orientation, family status, etc.
- Harassment based on protected grounds
- Denied accommodation – Employer refused to accommodate disability or other needs
- Poisoned work environment – Hostile workplace due to discrimination
How to File: Step by Step
Step 1: Gather Your Evidence
Before filing, collect:
- Pay stubs showing unpaid wages
- Timesheets or work schedules
- Emails, texts, or written communications
- Your employment contract
- Photos or documents proving the violation
- Witness names and contact info
Step 2: Choose the Right Agency
For most workplace violations: Ministry of Labour – Employment Standards
For discrimination or harassment: Human Rights Tribunal of Ontario
For safety issues: Ministry of Labour – Health and Safety
For federal employees (banks, airlines, telecoms): Canada Labour Program
Step 3: File Your Complaint
A) Ministry of Labour (Employment Standards)
Online: File at ontario.ca/employmentstandards
- Create an account
- Fill out the claim form
- Upload your documents
- Submit electronically
By Phone: Call 1-800-531-5551
- Speak with an officer who can help you file
- Available Monday-Friday, 8:30am-5pm
By Mail: Download PDF form and mail to: Provincial Claims Centre Ministry of Labour, Immigration, Training and Skills Development 70 Foster Drive, Suite 410 Sault Ste. Marie, ON P6A 6V4
B) Ministry of Labour (Health and Safety)
Online: File at ontario.ca (health and safety complaint form)
By Phone (urgent safety issues): Call 1-877-202-0008
- Available 24/7 for emergencies
- Speak with Health and Safety Contact Centre
C) Human Rights Tribunal of Ontario
Online: File at sjto.ca/hrto
- Complete the Application form
- Describe the discrimination or harassment
- Provide supporting documents
Deadline: Must file within 1 year of the last incident
Step 4: What Happens After You File
Ministry of Labour reviews your claim:
- You get a confirmation email with claim number
- An Early Resolution Officer (ERO) investigates first
- If not resolved, an Employment Standards Officer (ESO) takes over
- Officer contacts your employer for their side
- Investigation can take several weeks to months
Possible outcomes:
- Your employer pays what you’re owed
- Officer orders compliance
- Your employer faces fines
- If employer doesn’t comply, further enforcement action
Human Rights Tribunal:
- Case may go to mediation first
- If unresolved, goes to hearing
- Tribunal makes a decision and orders remedies
Important Deadlines
Employment Standards complaints: 2 years from when the violation occurred
Human Rights complaints: 1 year from the last incident
Health and Safety complaints: No specific deadline, but file as soon as possible
Don’t wait—act quickly to protect your rights.
Your Employer Cannot Retaliate
It’s illegal for your employer to punish you for filing a complaint. They cannot:
- Fire you
- Demote you or cut your hours
- Treat you differently
- Threaten or intimidate you
If they do, file an additional complaint for reprisal (retaliation).
Tips for a Successful Complaint
Be specific: Include exact dates, amounts, and details
Stay organized: Keep all documents in order
Be honest: Don’t exaggerate—stick to facts
Follow up: Check your email and respond to the Ministry promptly
Keep working (if possible): Don’t quit unless you have to—it can hurt your claim
If You’re Not Sure…..
Call the Ministry of Labour at 1-800-531-5551 and ask questions. The officers can tell you:
- Whether your complaint falls under the Employment Standards Act
- What evidence you need
- How to file
- What to expect
Three things to remember:
- You have rights – If your employer breaks employment law, you can file a complaint for free
- Different issues, different agencies – Employment standards go to Ministry of Labour, discrimination goes to Human Rights Tribunal, safety issues go to Health and Safety
- Act quickly – You have 1-2 years depending on the issue, but filing sooner is always better
