MINISTRY OF LABOUR COMPLAINTS

Employment Standards Act

The ESA covers many employees in Ontario, though there are exceptions such as federally regulated employees and other specific industries. If an individual experiences an issue in the workplace that is covered by the ESA, they have the right to file a claim with the Ministry of Labour. There is no cost to this. Note that there are two general scenarios where an employee cannot file a claim. First, unionized employees generally have to address issues through the grievance and arbitration process outlined in their collective agreement. Second, a worker cannot file a claim if they have already started a court action against their employer for the same issue.

Some workers are understandably nervous about complaining about their employer, so it is important to know that it is illegal for your employer to punish you for filing a claim. Claims can be filed online or in paper within two years of the offending behaviour, and if everything is in order the Ministry of Labour will assign an Employment Standards Officer to the investigation.