The Ministry of Labour has dismissed my complaint – what can I do

The Ministry of Labour enforces the Employment Standards Act (“ESA”). If your employer fails to pay you wages, overtime, vacation pay, etc., complaining to the Ministry is often a quick and cost-effective way to deal with this. (A cautionary note: if you’ve been fired, complaining to the Ministry could take away your right to sue your employer in Court.)

Your complaint will be investigated by an Employment Standards Officer, who will contact both you and the employer and then make a decision. You don’t pay any fees to the Ministry. If you disagree with the decision, you can request a review by the Ontario Labour Relations Board, which takes a fresh look at everyone’s evidence and makes its own decision. You don’t pay fees to the Board, and you cannot be required to pay the employer’s legal costs if you lose the case.

If you disagree with the Board’s decision, there is no appeal. The only option is judicial review by the Courts, which won’t decide whether the Board was right or they would have decided differently, but only whether the Board’s decision was “reasonable”. Winning a judicial review is difficult, involves filing fees, and can result in you paying part of the employer’s legal costs if you lose. You also generally can’t add new evidence to support your case. It is, therefore, important to put your best foot forward with the Ministry and the Board. You should get advice from a lawyer before taking these steps.