Employment Dispute Lawyer in Ontario

Employment disputes affect your income, your job security, and your future. Whether you are dealing with unpaid wages, unpaid overtime or commissions, a breach of your employment contract, a termination or severance dispute, or an ongoing workplace conflict, the decisions you make early, what you sign, what you say, and which route you take, significantly affect what you can recover. Achkar Law's employment dispute lawyers help employees in Toronto, Ottawa, and across Ontario assess the situation, identify every avenue available, and take the right steps before a dispute escalates into costly litigation.

Employment Disputes We Handle in Ontario

Employment disputes take many forms. A workplace dispute lawyer can assess whether your situation involves a legal issue and advise on the options under Ontario employment law.

Unpaid wages and overtime

If your employer has failed to pay wages you earned, denied overtime, or made unauthorized deductions, you may have a claim under the Employment Standards Act, 2000 or at common law. Most Ontario employees are entitled to overtime at one and a half times their regular rate for hours worked beyond 44 in a week, unless a valid exemption applies.

Unpaid commissions

Commission disputes are among the most common. If your employer has withheld, reduced, or changed your commission structure without agreement, or refuses to pay commissions on deals closed near or after termination, you may have a claim for what you are owed. Commissions that form part of your regular compensation generally cannot be withheld unilaterally.

Employment contract breach

If your employer violated the terms of your contract, changed your role or compensation without consent, failed to provide contractual benefits, or misrepresented your position at hire, you may have a breach claim. See our employment contract services.

Termination and severance disputes

Disputes over termination and severance are the most common of all. If you were terminated without proper notice, offered inadequate severance, or believe your termination was wrongful, we can assess your full entitlements and pursue them. See wrongful dismissal and severance.

Compensation disputes

Disagreements over bonuses, salary, equity, or deferred pay are common. Ontario courts regularly find that compensation forming a meaningful part of your total package must be paid even where the employer claims it is discretionary.

Workplace conflict and harassment

Unresolved conflict, harassment, and hostile work environments can escalate into significant disputes. If your employer failed to address harassment or created an environment that makes continued employment impossible, you may have claims under the Ontario Human Rights Code, the Occupational Health and Safety Act, or for constructive dismissal. See our human rights and workplace harassment services.

Constructive dismissal

If your employer significantly changed your role, pay, or conditions without consent, forcing you to consider resigning, you may have a constructive dismissal claim. Courts treat constructive dismissal as a termination without cause, so you may be entitled to severance even though you resigned.

Retaliation and reprisal

If you raised a concern, took a protected leave, or exercised a legal right and then faced negative consequences, you may have a reprisal claim. Ontario law prohibits employers from penalizing employees for exercising their rights, and a reprisal claim can significantly strengthen your position.

Employment standards violations

Violations of minimum standards, unpaid vacation pay, public holiday pay, minimum wage, and improper deductions, can be pursued through a Ministry of Labour complaint or a civil claim. Which route is better depends on your situation, and the choice has consequences (see below).

Where Employment Disputes Are Heard in Ontario

Part of resolving a dispute well is starting it in the right place. The forum affects your cost, your timeline, and how much you can recover, and choosing wrongly can carry real consequences.

Small Claims Court, up to $50,000

As of October 1, 2025, Ontario's Small Claims Court hears money claims up to $50,000 (raised from $35,000). It uses simpler procedures, lower cost, and faster timelines, which brings many wrongful dismissal and unpaid-compensation claims within its reach. If your claim is modestly above the limit, you can choose to abandon the excess to stay in Small Claims Court.

Superior Court, Simplified Procedure, $50,000 to $200,000

Claims between $50,000 and $200,000 proceed in the Superior Court of Justice under the Simplified Procedure, which streamlines steps like discovery while still allowing a full claim.

Superior Court, ordinary procedure, above $200,000

Larger and more complex claims proceed in the Superior Court under the ordinary procedure, with full discovery and formal steps. Many senior-employee and executive claims fall here.

Tribunals: Human Rights, Labour Board, Ministry of Labour

Some disputes belong before a tribunal rather than a court: discrimination claims at the Human Rights Tribunal of Ontario, certain workplace matters at the Ontario Labour Relations Board, and statutory minimum claims through the Ministry of Labour. Each has its own rules, timelines, and remedies, and choosing one can affect your ability to use another.

Why Ontario Employees Need Legal Advice for Employment Disputes

Employment disputes often put employees at a disadvantage. Employers typically have HR teams, legal counsel, and internal policies shaping how disputes are handled. Employees who go it alone frequently make avoidable and costly mistakes.

Signing documents without understanding your rights

Employers often present releases or agreements during a dispute that limit your ability to pursue further compensation. Signing without advice can permanently extinguish rights you did not know you had.

Missing limitation periods

Different claims have different deadlines. Missing one can permanently end your right to pursue a claim no matter how strong it is. Prompt advice protects your options.

Choosing the wrong avenue

A Ministry of Labour complaint, a human rights application, and a civil claim are different processes with different outcomes, and pursuing one can foreclose another. For example, filing a Ministry complaint for termination or severance pay generally bars a civil claim for the same termination, and the Ministry only awards statutory minimums, not common-law reasonable notice. Choosing the wrong route can sharply reduce your recovery.

Not knowing the full value of your claim

Many employees underestimate what they are owed. A lawyer identifies every component of your claim, including elements you may not have considered, before you make any decisions.

What an Employment Dispute Lawyer Does for Ontario Employees

Employment Disputes in Ontario: Common Questions

What is an employment dispute in Ontario?

An employment dispute arises when a disagreement between an employee and employer involves workplace rights, compensation, or working conditions, wrongful dismissal, unpaid wages, overtime or commissions, contract breaches, harassment, constructive dismissal, and compensation disputes among them. Not every disagreement becomes a formal legal dispute, but when an issue affects your rights, income, or ability to keep working, early legal advice is the most important step before things escalate.

Can I sue my employer for an employment dispute in Ontario?

In many cases, yes. Employees can pursue civil claims through Small Claims Court (for money claims up to $50,000) or the Superior Court of Justice (for larger claims) for wrongful dismissal, breach of contract, unpaid wages, and more. Other avenues, the Human Rights Tribunal of Ontario, the Ontario Labour Relations Board, and the Ministry of Labour, may also apply. The right approach depends on the facts and the outcome you want, and a lawyer can help you avoid choices that limit your options.

What should I do if I have an employment dispute with my employer?

Speak with a lawyer before taking any significant step. Do not sign documents, agree to changes, or make formal complaints without understanding how those steps affect your rights. Document everything relevant, communications, changes to your role or pay, and any incidents. Early advice gives you the clearest picture of your options, and most disputes resolve through negotiation when the employee has proper advice from the outset.

Can I recover unpaid overtime in Ontario?

Often, yes. Under the Employment Standards Act, 2000, most Ontario employees are entitled to overtime at one and a half times their regular rate for hours worked beyond 44 in a week, and some are entitled to more under their contract. If your employer systematically denied overtime, required off-the-clock work, or misclassified you as a manager to avoid overtime, a lawyer can assess your situation and advise on recovery.

Can my employer withhold my commissions?

Generally not, where the commissions form part of your regular compensation. Commission disputes often involve employers changing the structure mid-year, refusing to pay on deals closed near or after termination, or disputing whether particular sales qualify. A lawyer can review your agreement, assess what you are owed, and pursue recovery through negotiation or litigation.

How long do I have to pursue an employment dispute claim in Ontario?

Time limits vary by claim type. For civil claims such as wrongful dismissal and contract breach, the general limitation period is two years from when the claim arose. For Employment Standards Act, 2000 complaints, a two-year period generally applies. For human rights complaints, the limit is generally one year from the last incident. Acting promptly is always advisable, missing a limitation period can permanently end your right to pursue compensation.

Speak With an Employment Dispute Lawyer in Ontario

If you are facing an employment dispute in Toronto or Ontario, tell us what is happening and we will respond promptly with clear advice on your rights and options before the situation escalates. You can also reach us at 1-800-771-7882. We assist employees in Toronto, Ottawa, and across Ontario, with virtual consultations province-wide.

Phone calls, consultations, forms, and emails sent to us do not create a lawyer-client relationship and do not constitute legal advice.