My employer has not paid my wages, overtime or vacation pay in Ontario — what can I do?
Unpaid wages, overtime and vacation pay can be pursued either through an Employment Standards Act complaint or a civil claim, and the choice matters because you generally cannot do both for the same entitlement.
The Employment Standards Act, 2000 requires payment of wages on the regular pay day, overtime after 44 hours in a work week for most employees, vacation pay of at least four percent, and public holiday pay. A complaint to the Ministry of Labour is free, but recovery is subject to statutory limits and time windows, and filing a complaint for an entitlement bars a civil action for the same amount.
A civil claim — often in Small Claims Court for amounts up to $35,000 — has no statutory cap and can be combined with wrongful dismissal damages. Misclassification is common: a worker labelled an independent contractor who works exclusively for one payer is frequently a dependent contractor or employee in law, and is owed the same entitlements.
Keep pay stubs, schedules, texts about hours and the contract itself. Deductions from wages are unlawful in Ontario unless authorised by statute, court order or a written authorisation for a specified amount.
Source: Employment Standards Act, 2000, S.O. 2000, c. 41
This work is handled by Arjun Vishwanth (Employment law). Read more about employment law at VK Law Group, or send us the facts and we will tell you where you stand.
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