How to file an Employment Standards claim in Ontario

This page is a public educational walkthrough. It is not a retainer, a court form, or a promise about your result. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.

1. See whether the Employment Standards Act applies

   Most Ontario employees are covered. Some jobs are federally regulated and use the Canada Labour Code instead. Unionized workplaces may have to use a grievance first. If ESA does not apply, a Ministry claim is the wrong door.

2. Write down the money or leave you say is owed

   Unpaid wages, vacation pay, public holiday pay, overtime, or termination pay. List pay periods and amounts. Keep pay stubs, schedules and termination letters.

3. File with the Ministry, not Small Claims first

   ESA claims usually go to the Ministry of Labour, Immigration, Training and Skills Development through its claim form. There are time limits. This is not Form 7A and not Family Form 14.

4. If you are the employer who received a claim

   Respond in the Ministry process with payroll records. Ignoring it can lead to an order to pay.

5. Safety issues are a different statute

   Workplace safety can engage the Occupational Health and Safety Act. That is not the same form as a wage claim.

Official law on this site: employment-workplace-law.

Disclaimer: Know The Law publishes legal information for the public, not legal advice. Court forms, fees and filing channels change. Read the official statute text and the official form page linked from this guide before you act. We do not represent you and we do not file documents for you. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.