Responding To Ministry Of Labour Complaints

MINISTRY OF LABOUR COMPLAINTS

Whether you’re an employer or an employee, you will inevitably deal with the Ontario Ministry of Labour at least once in your lifetime. Employees can make complaints to the Ministry of Labour to enforce their workplace rights, and employers must respond to such complaints or risk paying damages and penalties. The Ministry of Labour administers workplace legislation, performs workplace investigations and renders decisions about reported workplace issues.

Filing Employment Standards Complaints With The Ministry of Labour

Has your employer made you work overtime and is refusing to pay you for it? Are they refusing to pay for your vacation time? Maybe you are experiencing termination for no reason, without advanced notice or pay? It may surprise you to learn that these are all Ontario Employment Standards Act, 2000 (ESA) breaches, and you can take action to get paid what your employer owes you.

When your employer breaches the ESA, you can file an ESA complaint with the Ministry of Labour. You have two (2) years from the date of an ESA violation to file a complaint against your employer. It would be an additional breach of the ESA for your employer to retaliate against you for filing the complaint.

The first step in filing a complaint is gathering evidence and calculating anything your employer owes you. Next, fill out the correct forms clearly and concisely. You should only include relevant and necessary details about how your employer breached the ESA. Finally, it is time to file the complaint with the Ministry of Labour. Now you have to wait to be contacted.

Once the Ministry of Labour processes your complaint, an employment standards officer is assigned to investigate. The employment standards officer will then issue an order with their decision, including how much an employer should pay you for amounts owing under the ESA. Either party can appeal this decision by filing an application for review with the Ontario Labour Relations Board.

Responding To Ministry Of Labour Complaints

If you’re an employer who has been notified of an employment standard or other workplace complaint, you may have concerns about how to respond or navigate the process. The Ministry of Labour has resources to help employers do so. They are not substitutes for legal advice and representation. While representing yourself in the Ministry of Labour, filing complaints is always an option; however, errors and mistakes can lead to costly orders that can significantly impact your business operations.

How We Can Help

Whether you’re an employer or an employee at any stage of a Ministry of Labour complaint, making errors and missing important deadlines can hurt your case. The best way to increase the chances of success for making or disputing a Ministry of Labour complaint is to consult an experienced employment and labour lawyer.

Our lawyers at Achkar Law advocate for both employees and employers with their Ministry of Labour complaints. You can book a consultation to discuss by calling (1-800-771-7882), emailing us at [email protected], or filling out the form below.

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(647)946-6440

For Ottawa
(613)699-0018

Email
[email protected]

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(647)946-6440

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(613)699-0018

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