How to File a Complaint Against an Employer in Ontario

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
Saad Mirza

About the Author

Saad Mirza

Hi! beautiful people. I’m an employment lawyer. I help workers across Ontario stand up for their rights. Hope this blog helped—stick around for more.

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