Unfair treatment, unpaid wages & safety

If you have just arrived in Canada for work or study, understanding your legal protections as a worker is essential. Every employee in Canada is entitled to fair treatment, safe working conditions, timely payment of wages, and protection from discrimination — regardless of your immigration status, language skills, or experience in Canada. This article explains what to do if your employer treats you unfairly, fails to pay you, creates an unsafe work environment, or discriminates against you.

Understanding Your Rights as a Worker in Canada

Canada's employment system is built on minimum standards that all employers must follow. These standards are set by both the federal government (through the Canada Labour Code) and provincial or territorial governments. Where you work determines which rules apply to you. Most workers — those in retail, hospitality, manufacturing, construction, and office jobs — fall under provincial employment standards. A smaller number work in federally regulated industries such as banking, airlines, interprovincial transportation, and telecommunications, which are covered by federal rules.

Your rights as a worker include the right to be paid at least minimum wage, to receive pay on time, to work safe hours, to refuse unsafe work without losing your job or pay, to receive safe working conditions, and to be treated fairly regardless of your race, religion, gender, age, disability, or other protected characteristics. These rights apply to nearly all employees; however, they typically do not extend to independent contractors or the self-employed.

Filing an Employment Standards Complaint

What Complaints Cover

An employment standards complaint is the main tool available to workers who believe their employer has violated minimum wage rules, failed to pay overtime, holiday pay, vacation pay, or severance, or terminated them unfairly. Complaints are free to file and are handled by your province's or territory's employment standards office.

Time Limits

You generally have six months from the date of the violation to file a complaint. For unpaid wages, the clock starts from the last day your employer was required to pay you. It is important not to delay — once the six-month window closes, you may lose your right to file. Some provinces have slightly different timelines or exceptions, so check your local employment standards office for exact deadlines in your province or territory.

How to File a Complaint

The process varies slightly by province and territory, but in most cases you can file a complaint online, by mail, or sometimes in person at an employment standards office. You will typically need to provide your name and contact information, details about your employer, a description of your job and work history, and specific details about what went wrong — such as dates when wages were missed, amounts owed, or what unsafe conditions you faced. You may upload supporting documents such as pay stubs, text messages, emails, or photos. Check your provincial or territorial employment standards website for the complaint form and exact submission instructions.

If you are not sure which jurisdiction applies to you, or where to file, you can contact your provincial or territorial employment standards office. Federal employees in regulated industries can contact the Labour Program. An officer will help you determine whether your complaint falls within their jurisdiction and guide you through the process.

What Happens After You File

Once you file a complaint, an employment standards officer will investigate. The process typically begins with the officer asking your employer to respond in writing. Both you and your employer may be asked for additional information. The office aims to resolve complaints voluntarily — your employer may agree to pay what you are owed, fix unsafe conditions, or settle the dispute. If voluntary resolution is not possible, the officer will make a formal decision. This process can take several months, and the office will handle cases in the order they are received.

If the investigation finds in your favour, your employer will be ordered to comply with the law. In cases of unpaid wages, you will receive the full amount owed plus interest (calculated at the provincial government's prime lending rate) and often administrative penalties against the employer. If an employer does not comply with a wage order within the required timeframe, the government may pursue collection through additional enforcement action.

Your Right to Refuse Unsafe Work

All workers in Canada have the legal right to refuse work if they have reasonable grounds to believe it is unsafe or dangerous to their own health and safety or to another person's. This right is guaranteed under occupational health and safety laws in every province, territory, and federally regulated workplace. Unsafe work can include working with faulty equipment, inadequate training or protective gear, physical hazards in the workplace, or exposure to violence.

The Three-Step Process

If you believe work is unsafe, follow this process. First, immediately report the specific unsafe condition to your supervisor or employer and state your reason for refusing to work. Your employer must immediately investigate the matter. If they agree the work is unsafe, they must remedy the condition without delay. If they disagree, they must inform you of their opinion, but you can continue to refuse to work. Second, if the issue is not resolved and you still refuse to work, your employer must conduct a more formal investigation. In many provinces, this investigation involves a workplace health and safety committee member or representative. Third, if the unsafe condition remains unresolved after both investigations, either you or your employer can request that a government workplace safety officer investigate. The officer will inspect the site and provide a written report.

Your Protections While Refusing Unsafe Work

• You cannot lose pay. Your regular wages continue throughout the investigation and refusal process.
• You cannot be disciplined, suspended, terminated, or penalized in any way for refusing unsafe work in good faith.
• You have the right to be assigned safe alternative work while the unsafe condition is being investigated.
• If your employer retaliates against you for a good-faith work refusal, you can file a complaint against them.

It is important to use this right carefully and in good faith. It is meant for serious, imminent hazards — not for minor workplace complaints. Before refusing work, try using other channels in your workplace, such as reporting the hazard to your health and safety representative or committee.

Workers' Compensation and Work Injuries

If you are injured or become ill at work, you may be entitled to workers' compensation benefits. Every province and territory has a Workers' Compensation Board (or similar agency) that provides medical care, wage replacement, and rehabilitation to injured workers — regardless of your immigration status. You do not need to pay for these benefits; your employer's insurance covers them.

If you are injured at work, report it to your employer as soon as possible, seek medical attention, and obtain documentation of your injury and treatment. Then contact your provincial or territorial Workers' Compensation Board to file a claim. The Board will investigate and determine whether the injury is work-related and what benefits you are entitled to. If your claim is denied, you have the right to appeal.

Protection Against Discrimination and Harassment

Canadian human rights law protects workers from discrimination based on certain personal characteristics, called protected grounds. These include race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, and disability. Discrimination can occur at any stage of employment — hiring, pay, promotion, working conditions, or termination.

Harassment linked to a protected ground — such as racist comments, sexist jokes, religious intimidation, or repeated unwelcome conduct based on disability — is also a form of discrimination. It can be direct or subtle, spoken or written, and one serious incident can constitute harassment, though usually a pattern of behaviour is required.

How to Address Discrimination

If you face discrimination or harassment at work, start by documenting what happened: dates, times, who was involved, what was said or done, and any witnesses. If your employer has a formal complaint process or human rights policy, follow it. Otherwise, report the issue directly to a manager or human resources department. Keep a record of your report and any response. If the issue is not resolved internally, you can file a human rights complaint with your provincial or territorial human rights commission or (if your employer is federally regulated) with the Canadian Human Rights Commission.

Filing a Human Rights Complaint

Complaints must usually be filed within 12 months of the discriminatory incident. The Human Rights Commission will investigate your complaint and try to resolve it through mediation or other means. If mediation is unsuccessful, your complaint may proceed to a formal hearing before a human rights tribunal. If the tribunal finds that discrimination occurred, it can order the employer to pay you compensation, hire or reinstate you, stop the discriminatory behaviour, or take other remedial action. Your employer cannot retaliate against you for filing a human rights complaint.

Where to Get Help

Do not feel alone if you are facing workplace problems. Canada has free public agencies, legal clinics, and community organizations that can help new immigrants and international workers understand their rights and navigate complaints.

Provincial and Territorial Employment Standards Offices

Your provincial or territorial employment standards office is your first point of contact for questions about minimum wage, unpaid wages, unsafe work, or other labour standards violations. Staff can explain your rights, help you understand whether your complaint is eligible, guide you through filing, and represent your interests during an investigation. There is no cost to contact them or file a complaint. Visit your provincial government website to find the office location, phone number, and online complaint portal.

Federal Labour Program

If you work in a federally regulated industry (banking, airlines, telecommunications, interprovincial trucking, or other industries listed under the Canada Labour Code), contact the federal Labour Program instead of your provincial office. You can reach them at 1-800-641-4049 or by email at NA-ERO-GD@labour-travail.gc.ca. The Labour Program handles federal labour standards complaints the same way provinces do — free investigation, no cost to file, and protection from retaliation.

Canadian Human Rights Commission

For discrimination complaints in federally regulated workplaces or industries, you can file with the Canadian Human Rights Commission at 1-888-214-1090 (toll-free) or visit their website. For provincial workplaces, contact your provincial or territorial human rights commission. Staff can explain whether your complaint is eligible and guide you through the process.

Settlement Organizations and Legal Clinics

Many settlement organizations, immigrant services, and community legal clinics offer free or low-cost advice to new immigrants on employment rights. They can help you understand your situation, prepare documents, and sometimes represent you in complaints. Search online for 'settlement services,' 'legal aid,' or 'employment lawyer' in your city, or ask your municipal or provincial government for referrals.

Workplace Health and Safety Contacts

If you need to report an unsafe work condition or need guidance on your right to refuse unsafe work, you can contact your provincial or territorial workplace safety regulator (such as WorkSafeBC, Occupational Health and Safety in Alberta, or the equivalent in your province). They investigate unsafe conditions and can help mediate work refusals.

Key Things to Remember

• Complaints are free. There is no cost to file an employment standards complaint, file a human rights complaint, or contact government agencies for help.
• You are protected from retaliation. Your employer cannot punish you for filing a complaint, refusing unsafe work, or requesting accommodation for a disability or religious belief.
• Document everything. Keep records of dates, amounts, conversations, and any evidence of unfair treatment or unsafe conditions.
• Act within time limits. Employment standards complaints usually must be filed within six months; human rights complaints within 12 months. Do not delay.
• Know which office to contact. Most workers go to their provincial employment standards office; federal workers go to the Labour Program.
• Seek support early. Contact a settlement organization, legal clinic, or government office if you are unsure about your rights or how to proceed.

Starting a new life in Canada means building trust in your workplace. You have legal protections that apply from your first day on the job. If you face unfair treatment, unsafe conditions, unpaid wages, or discrimination, you have free options to seek help and hold your employer accountable. Do not stay silent — your rights matter.