What can I do if I disagree with a Ministry of Labour decision?
When you make an employment standards claim to the Ministry of Labour, an Employment Standards Officer (ESO) will make a decision about your claim. If you disagree with what the ESO decided, you can ask the Ontario Labour Relations Board (OLRB) to review the decision.
You can ask for a review if:
- the ESO refuses to make an order against your employer, or
- you disagree with all or part of the ESO's order.
For example, the ESO might order your employer to pay an amount of money that is less than the amount of your claim. But the OLRB can decide that your employer owes you the full amount.
There is no cost to apply for a review at the OLRB. And if you lose, you don't need to pay your employer for what they spent on the process. But you could have other expenses like paying for a legal representative, preparing documents, or paying for a witness to come to a hearing.
You have 30 days from the date you get the ESO's decision to ask the OLRB for a review.
If you miss the time limit, you can still apply. You will need to explain why you're applying late. The OLRB might still agree to review the decision.