As an employee in Ontario, you have rights protected by various laws and regulations. When these rights are violated, you have the option to file a complaint against your employer. This process can seem overwhelming, but understanding the steps and available resources can help you navigate it effectively. This blog is intended to walk you through the process of filing a complaint against an employer in Ontario.
1. Understand Your Rights
Before filing a complaint, it’s important to understand your rights as an employee. In Ontario, these rights are primarily governed by:
- The Employment Standards Act (“ESA”)
- The Ontario Human Rights Code
- The Occupational Health and Safety Act (“OHSA”)
These laws cover various aspects of employment, including minimum wage, working hours, overtime pay, vacation time, workplace safety, and protection against discrimination and harassment.
2. Identify the Nature of Your Complaint
Complaints can fall into different categories, each handled by a specific agency:
- Employment standards violations (e.g., unpaid wages, denial of breaks): Ministry of Labour
- Human rights violations (e.g., discrimination, harassment): Human Rights Tribunal of Ontario
- Workplace safety issues: Ministry of Labour’s Health and Safety Contact Centre
- Unjust dismissal (for federally regulated employees): Canada Industrial Relations Board
3. Attempt Internal Resolution
Before filing a formal complaint, it’s often advisable to try resolving the issue internally. This may involve:
- Discussing the issue with your supervisor or manager
- Following your company’s internal complaint procedures
- Contacting your human resources department
Document all communication attempts and keep records of any relevant incidents or conversations.
4. Gather Evidence
Collect all relevant evidence to support your complaint. This may include:
- Pay stubs and time records
- Employment contract and company policies
- Emails or other written communications
- Witness statements
- Medical records (if applicable)
5. File Your Complaint
The process for filing a complaint varies depending on the nature of your issue:
For Employment Standards Violations:
- Visit the Ministry of Labour’s website
- File a claim online or call 1-800-531-5551 for assistance
- You have up to two years from the date of the violation to file a claim
For Human Rights Violations:
- Contact the Human Rights Tribunal of Ontario
- File an application within one year of the last incident of discrimination
- You may seek free legal advice from the Human Rights Legal Support Centre
For Workplace Safety Issues:
- Call the Ministry of Labour’s Health and Safety Contact Centre at 1-877-202-0008
- You can file a complaint anonymously if you wish
For Unjust Dismissal (Federally Regulated Employees):
- File a complaint with the Canada Industrial Relations Board within 90 days of dismissal
6. The Investigation Process
Once you’ve filed your complaint, an investigation will typically follow:
- An officer or investigator will be assigned to your case
- They may contact you for additional information or clarification
- Your employer will be notified of the complaint and given a chance to respond
- The investigator may interview witnesses and review documents
- This process can take several weeks to months, depending on the complexity of the case
7. Resolution and Potential Outcomes
The resolution of your complaint can take various forms:
- Your employer may be ordered to comply with the law (e.g., pay owed wages, reinstate you)
- Mediation may be offered to resolve the dispute
- In cases of discrimination, remedies may include monetary compensation or policy changes
- If the complaint is not substantiated, it may be dismissed
8. Appeals Process
If you’re unsatisfied with the outcome, you may have the option to appeal:
- For ESA decisions, you can apply for a review within 30 days
- Human Rights Tribunal decisions can be reconsidered or judicially reviewed
- Occupational health and safety orders can be appealed to the Ontario Labour Relations Board
9. Protection Against Reprisals
It’s important to know that it’s illegal for your employer to punish you for exercising your rights or filing a complaint. This includes:
- Terminating your employment
- Demoting you
- Cutting your hours
- Any other form of retaliation
If you believe you’ve faced reprisals, you can file an additional complaint.
10. Seeking Legal Advice
Seeking legal advice can be beneficial in most cases, especially for complex cases. Options include:
- Consulting with an employment lawyer
- Contacting a community legal clinic
- Reaching out to worker advocacy groups
11. Time Limits
Be aware of time limits for filing complaints:
- ESA claims: Within 2 years of the violation
- Human rights applications: Within 1 year of the last incident
- Unjust dismissal (federal): Within 90 days of dismissal
Missing these deadlines may result in your complaint being dismissed.
12. Maintaining Professionalism
Throughout the complaint process, it’s crucial to:
- Remain professional in all communications
- Continue performing your job duties (if still employed)
- Avoid discussing the complaint with coworkers
- Follow all instructions from the investigating agency
Filing a complaint against an employer can be a stressful experience, but it’s an important step in protecting your rights as an employee. By understanding the process, gathering evidence, and following the proper procedures, you can effectively address workplace violations.
It’s also worth noting that every situation is unique, and this blog provides general information. For specific advice tailored to your circumstances, consider consulting with one of our employment lawyers or the appropriate government agency. Reach out to Sultan Lawyers PC online or by telephone at 416-214-5111 today.
