It is Important for You to File a Claim Submission within a Certain Time

• Issued: January 2011
• Content last reviewed: January 2011
• PDF Version [ 870 Kb / 58 pages | Download Adobe Reader ]
• See also: Filing an Employment Standards Claim | Disclaimer

There are three different time limits that apply to filing a claim:

Six-Months

In most cases, the Ministry of Labour can only recover wages that became due within the six months before the date you file the claim submission.

Generally, wages become due (owed to you) on your regular payday. However, if your employment has ended, any wages the employer owes you are due either within seven days, or on your next regular payday, whichever is later.

One Year

If the employer owes you the same kind of wages (for example, overtime pay) more than once, including at least once in the six months before you filed your claim submission, the Ministry of Labour can recover any wages of the same kind that became due in the 12 months before the date you file the claim submission. Also, the Ministry of Labour can recover vacation pay that became due in the 12 months before the date you file the claim submission.

Two Years

In some cases, an employee can file a claim submission up to two years after the violation of certain rights, including:

• If there has been a reprisal:
  • Employers cannot punish an employee or threaten an employee because he/she asked his/her employer to follow the ESA, filed an employment standards claim, exercised or tried to exercise his/her rights under the ESA or because an employee's wages are subject to a garnishment order.
  • Clients of a temporary help agency cannot intimidate an employee, refuse to have an employee perform work, terminate an employee’s assignment, or otherwise penalize him/her because he/she asked his/her employer or the client to follow the ESA, filed an employment standards claim, exercised or tried to exercise his/her rights under the ESA or because an employee's wages are subject to a garnishment order.
  • Please refer to Appendix A for more information on reprisals.
• If a temporary help agency has:
  • charged prohibited fees; or
  • restricted the temporary help assignment employee’s ability to secure employment with a client of the agency.
• If the employer has violated other employment standards that do not involve money, such as not providing proper meal breaks or failing to provide wage statements.

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