Employees who work for provincially-regulated employers governed by the Employment Standards Act can file a claim with the Ministry of Labour if they believe their employer is not complying with the law. Employers who are the subject of such claims may face a lengthy dispute resolution process and significant legal and financial liability.
If you are an employer and an ESA claim has been filed against you, the first thing you should do is consult with a knowledgeable employment lawyer to understand any potential risk you may face, the options available to you, and assistance with formulating a game plan for moving forward. A lawyer can help you draft a response, prepare you for any potential investigations by the Ministry of Labour, and represent you in any mediations, hearings, or other dispute resolution meetings. At Sultan Lawyers in Toronto, our exceptional employment lawyers have significant experience advising employers on ESA claims and other Ministry of Labour matters. With our help, you can properly and adequately respond to employee complaints and successfully manage any liability.
An employee can file an ESA claim for a wide variety of reasons stemming from unpaid wages and compensation, to not providing adequate leave, to misrepresenting an employee as an independent contractor.
Some common grounds for ESA claims include:
Once an ESA claim is filed, an Employment Standards Officer from the Ministry of Labour will contact the employer at issue to attempt to solve the alleged issue. Where a resolution cannot be reached at this initial stage, an investigation will be launched.
Employment Standards Officers have the power to make orders that can significantly impact an employer, including:
The Toronto employment lawyers at Sultan Lawyers regularly advise employers on a wide range of workplace issues, including how best to respond to an ESA claim filed by an employee. We offer flat rate consultations, specifically designed to provide our clients with the information and tools they need to manage their issue and move forward. Contact us online or at 416-214-5111 for a consultation.
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