Employment standards complaint

An employment standards complaint is a worker's request to a government office to recover unpaid wages or enforce minimum work rights. Deadlines vary.

Also called: labour standards complaint, ESA claim, wage complaint

What employment standards complaint means

An employment standards complaint, called a claim in Ontario, is when an employee or former employee asks the government office that enforces employment standards to look into a problem. Common issues are unpaid wages, overtime, vacation pay, public holiday pay, termination pay and final pay. Workers can file without a lawyer; in Alberta, for example, filing is free and can be done online.

For an employer, a complaint usually means an officer contacts you, asks for payroll records and your side of the story, and may order you to pay what is owed. Officers can often resolve a complaint quickly if your records are in order and the amounts are clear.

How it works

Each jurisdiction sets a deadline for filing and a limit on how far back wages can be recovered. These are different from the time limit for suing in court.

When a complaint comes in, respond promptly and in writing. Gather time records, pay statements, the employment contract and any termination letter. If you made a mistake, paying what is owed early is usually the simplest way to close the file. If you disagree, explain why with documents. If an order is issued, check the appeal deadline right away; in Nova Scotia, for example, an appeal to the Labour Board is due within 10 working days.

Do not punish anyone for complaining. Alberta, for example, protects employees from termination for making a complaint or giving information about one. Treat any complaint as a reason to check your records, not as a reason to act against the person.

The best prevention is good records and on-time final pay. Keep payroll records for at least as long as your province requires, and use a checklist every time someone leaves.

Employment standards complaint by province

Filing deadlines and what can be recovered differ. These are the rules we confirmed.

Where the work is done	The rule
Federal	Wage and other monetary complaints within 6 months from the last day the employer was required to pay. Other complaints within 6 months of becoming aware of the issue. Unjust dismissal within 90 days, decided by the Canada Industrial Relations Board.
British Columbia	Former employees must file within 6 months of their last day of work, or the last day of a temporary layoff. Issues from the last year of employment are reviewed.
Alberta	While employed, or up to 6 months after the last day of employment. Free to file online. Employees are protected from termination for making a complaint.
Ontario	Generally within 2 years of the alleged violation; only wages that became due in the 2 years before the claim can be recovered. A claim cannot be filed for an issue already taken to court, or by a unionized employee covered by a collective agreement.
Quebec	A complaint of dismissal without good and sufficient cause, for employees with 2 years of uninterrupted service, must be filed within 45 days and is heard by the Tribunal administratif du travail.
Nova Scotia	The complaint must be received within 6 months of the violation. Appeals of a Director's Order to the Labour Board are due within 10 working days.

For Saskatchewan, Manitoba, New Brunswick, Prince Edward Island, Newfoundland and Labrador and the territories, check the filing deadline with the provincial or territorial office.

Example: Unpaid vacation pay at a Burnaby moving company

Faisal runs a 14-person moving company in Burnaby. A mover who left in June files a complaint in October saying his vacation pay was never paid. That is within British Columbia's 6-month window.

When the officer calls, Faisal checks his records and finds the vacation pay was missed in the final cheque. He pays it right away, sends the officer the pay statement, and adds vacation pay to his own exit checklist.

Hollis handles the exit checklist

Hollis's exit checklist covers final pay timing, vacation pay owed and the ROE deadline for your province, the items that most often go wrong when someone leaves.

Try Hollis live

Free tools and guides for this

Questions about employment standards complaint

How long does an employee have to file an employment standards complaint?

It depends on the jurisdiction: for example 2 years in Ontario, and 6 months after the last day of employment in British Columbia and Alberta. Federal monetary complaints are due within 6 months.

Can I fire an employee for filing a complaint?

You should not. Alberta, for example, protects employees from termination for making a complaint, and acting against someone for complaining carries serious legal risk. Check your province's rules.

What happens after an employment standards complaint is filed?

An officer contacts both sides, reviews records, and may try to settle it or issue an order to pay. Check the appeal deadline as soon as you receive any order.

Official sources

General information for Canadian employers, not legal advice. Rules differ by province and territory and change over time, so check with your provincial employment standards office (or the federal Labour Program if you are federally regulated) before you rely on it. See employment standards by province.

Checked against official sources on 4 November 2026.