How an Employment Standards Claim Works in Ontario
If your employer has not paid wages, overtime, vacation pay or termination pay, you can ask the Ministry of Labour to enforce the Employment Standards Act (ESA). The process is free and does not require a lawyer, but the time limits and rules matter.
- An ESA claim is filed with the Ministry of Labour, generally within two years of when the amount became owing.
- You generally cannot both file an ESA claim and sue in court for the same wages or pay.
- An employment standards officer can investigate and order the employer to pay what is owed.
- Orders can be reviewed if either side applies within a short deadline.
Before you file
- List what you say you are owed: the type of pay, the period, and how you worked it out.
- Gather pay stubs, schedules, your contract, texts and emails, and your Record of Employment if you have one.
- Try asking the employer in writing. The Ministry will ask whether you did.
- Check the time limit: for most claims, it is two years from when the entitlement arose.
Filing the claim
You complete the Ministry of Labour's employment standards claim form, describing your employment and the amount you say is owed, and attach your documents. Claims are generally filed online. You can ask a representative to help. Once filed, the Ministry assigns an officer to your file.
What happens next
- The Ministry may invite both sides to resolve the claim through a facilitated discussion.
- If it is not resolved, an officer investigates, which can include asking for records and interviewing people.
- The officer can issue an order for the money owed, with interest, and in some cases an administrative penalty.
- Either side can apply for a review of the order within a short time, generally about 15 days, to the Ontario Labour Relations Board.
ESA claim or lawsuit?
An ESA claim is simpler and cheaper, but it is limited to the ESA minimum entitlements. A court case, such as wrongful dismissal in Small Claims Court or the Superior Court, can award more, for example reasonable notice at common law. You usually cannot do both for the same wages, so choose carefully. Get advice before filing, especially if you were dismissed.
If the employer does not pay
An order is not a payment. If the employer does not pay, the Ministry can use its collection powers, which can include a lien or a claim against the employer's assets. In some cases directors of a corporation can be personally liable for unpaid wages.
Common questions
Will I lose my job for filing?
An employer must not penalize you for filing an ESA claim. If it does, that is a reprisal and you can complain.
What if I am a contractor and not an employee?
The ESA applies only to employees. Whether someone is an employee or a contractor depends on the real working relationship, not the label in the contract.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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