Ministry of Labour Disputes (Employment Standards Act)
In Ontario, the Employment Standards Act is enforced by the Ministry of Labour. Claims for statutory entitlements to unpaid wages, vacation pay, termination pay, severance pay, etc. can be filed with the Employment Standards Branch of the Ministry of Labour who will then investigate the complaint through a fact-finding meeting, and ultimately render a decision.
As you may have common law entitlements greater that the minimums required by the Employment Standards Act, you should consult with an employment lawyer prior to filing a complaint with the Ministry of Labour, otherwise you may severely prejudice your rights. Call us. We can help.
You can learn more about filing a complaint with the Ministry of Labour and Ministry of Labour disputes by visiting http://www.labour.gov.on.ca/english/es/topics/esclaim.php .
The law surrounding your rights and obligations in the employment context is found in many different statutes including the Employment Standards Act, the Canada Labour Code, the Ontario Human Rights Code, the Canadian Human Rights Code, the Occupational Health and Safety Act, among others. In addition, there is a history of jurisprudence (case law) that has developed over time by judges deciding cases that collectively makes up the Common Law. Depending upon your fact situation, both statutory and common law principles may apply and need to be carefully considered when assessing the sufficiency of a severance proposal.
If you file a claim for statutory notice pay or severance pursuant to the Employment Standards Act, you are limited to one week of notice per year of service, to a maximum of 8 weeks. You may also be entitled to an additional 1 week of statutory severance per year of service, to a maximum of 26 weeks, provided you have been employed for at least five continuous years, and provided the employer is large enough, having a payroll of at least $2.5 million per year.
If you are taking a leave of absence, such as for maternity or for an illness, you have a right to be returned to your previous position, or a comparable position at the end of your statutory leave of absence. An employer is not allowed to terminate your employment solely because of the leave of absence, although there may be other reasons for a termination not relating to the leave of absence.
If you are in need of the services of a lawyer to help you process your Ministry of Labour Dispute – contact our team today at 905-884-9242 and let us help you navigate this complex system!