What types of cases does the Ontario Labour Relations Board handle?

The Board reviews an employment standards officer's order or refusal (Employment Standards Act, 2000, s. 116), hears reprisal complaints under the Occupational Health and Safety Act (s. 50), and decides union matters — certification, unfair labour practice and duty of fair representation complaints — under the Labour Relations Act, 1995. An employment standards claim itself is filed with the Ministry of Labour, and a wrongful dismissal claim for common-law notice goes to the civil courts, not the Board.

How long do I have to file?

An employment standards claim about a contravention more than two years old is deemed not to have been filed (ESA s. 96(3)). An application to the Board to review an officer's order or refusal must be made within 30 days after it is served (ESA s. 116(4)). A civil claim for wrongful dismissal is generally subject to the two-year limitation period in the Limitations Act, 2002, s. 4.

Do I need a lawyer for a Labour Board case?

While not required, legal representation is recommended for complex cases. The Board allows self-representation. An employment lawyer or paralegal can value a wrongful dismissal claim before you choose between an ESA claim and a court action (ESA ss. 97–98).

What remedies are available?

An employment standards officer can order an employer to pay wages owed (ESA s. 103) and, for a reprisal, order compensation or reinstatement (s. 104); the Board can confirm, amend or rescind those orders on review. A court can award damages for reasonable notice in a wrongful dismissal action.

Employment Law Ontario 2025 - Wrongful Dismissal, WSIB & Workers Rights

Your Employment Rights Journey: Fighting for Workplace Rights

Step-by-step guide for employment standards claims and wrongful dismissal

⚠️ CRITICAL: Time limits are strict — an ESA claim about a contravention more than 2 years old is deemed not filed (ESA s. 96(3)); an application to the OLRB to review an officer's order is due within 30 days of service (s. 116(4)); a court action is generally subject to the 2-year limitation period (Limitations Act, 2002, s. 4).

Ontario Labour Relations Board Employment Standards Act File ESA Claim Find Employment Lawyer

Your Progress

Progress: 0 of 7 steps completed0%

Gather All Employment Records

critical

1-2 days

Determine Your Claim Type

high

1-2 hours

Calculate What You're Owed

high

2-3 hours

Consult Employment Lawyer

high

1 hour

Send Demand Letter (If Applicable)

medium

1-2 weeks

File Your Claim

high

2-4 hours

Attend Mediation/Hearing

medium

6-18 months

Current Step: Gather All Employment Records

Collect employment contract, pay stubs, job description, performance reviews, emails, termination letter, ROE (Record of Employment).

Gather All Employment Records

1-2 days

Critical

Collect employment contract, pay stubs, job description, performance reviews, emails, termination letter, ROE (Record of Employment).

Determine Your Claim Type

1-2 hours

Employment Standards (unpaid wages, vacation, termination pay), Wrongful Dismissal (common law), Constructive Dismissal, Human Rights violation, or Union Grievance.

Calculate What You're Owed

2-3 hours

Termination pay, severance, vacation pay, unpaid wages, notice period. ESA termination pay is set by length of service — one week for less than a year, rising to eight weeks at eight years or more (ESA s. 57). Common-law reasonable notice has no formula: courts weigh the Bardal factors (age, length of service, character of the employment, availability of similar work — Bardal v. Globe & Mail (1960), 24 D.L.R. (2d) 140 (Ont. H.C.)), so have a lawyer or paralegal value it.

Consult Employment Lawyer

1 hour

Most employment lawyers offer free initial consultation. Bring all documents. Ask about contingency fee (lawyer only paid if you win).

Send Demand Letter (If Applicable)

1-2 weeks

Before filing, lawyer may send demand letter requesting proper severance/notice.

File Your Claim

2-4 hours

ESA claims: file online with the Ministry of Labour (no fee). Wrongful dismissal: Small Claims Court for $50,000 or less, otherwise the Superior Court of Justice. Union matters: file a grievance. You generally get one road — filing an ESA claim about wages, termination pay or severance pay bars a court action about the same money, and vice versa (ESA ss. 97–98).

Attend Mediation/Hearing

6-18 months

Most cases go through mediation first. If no settlement, proceed to formal hearing. Present evidence of wrongful dismissal or ESA violations.

Before you pick a form

Is your employer federally regulated?

Most Ontario workers file under the provincial Employment Standards Act. Workers in banking, telecom, airlines, interprovincial transport, and other federally-regulated industries file under the federal Canada Labour Code instead — a different form, sent to a different office. Picking the wrong one gets rejected.

Choose the pathway that fits your employer

If you're not sure, use the examples list. When in doubt, contact your employer's HR or a legal clinic to confirm before filing.

Provincial (Ontario) — Employment Standards Act

The default for most Ontario employees: retail, restaurants, offices, construction, manufacturing, most healthcare, most trucking within Ontario, schools, municipal government, etc.

Federally regulated — Canada Labour Code Part III

Banking, telecom, airlines, interprovincial/international transport, federal government, and other federal industries.