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.
“I want to sincerely thank Sharaf Sultan and his team for their assistance. Right from the beginning, I knew they were extremely knowledgeable and hard working. I also had confidence that Sharaf and his team understood my perspective and that they were prepared to work hard to receive the best result possible. Sharaf and his team were always professional and diligent when providing legal services. He truly went above and beyond my expectations. The whole team provided honest and precise services and they managed to solve any problems that arose during my case. I would definitely work with them again!!”C. Bell
“Kristine Gorman of Sultan Lawyers was terrific in helping me get a Canadian work visa. Responsive, friendly, but mostly incredibly thorough and efficient, she was a life line for when I needed wise counsel and focused expertise.”D. Baum, Ph.D., D.Min. Management Consultant
“Sultan Lawyers provided a great experience during a difficult time with my employer. Kristine was extremely thorough and knowledgeable when reviewing and articulating the risks and details of my severance package. I am thankful for Kristine as her expertise enabled and empowered me to confidently make a decision on my options.”James V.
“I wholeheartedly endorse Sharaf and Alexandra for their employment expertise and their impressive level of client service. Not only was their legal counsel top-notch, but Sharaf helped me navigate the tricky emotional waters related to my matter in a healthy way. He saw the big picture and helped me toward the best possible outcome for me now and into the future. As a lawyer myself, I realised that the smartest thing I could do in my circumstances was to have excellent legal advice, and Sharaf and Alexandra went above my expectations. It was empowering to work with them, and I can't thank Sultan Lawyers enough!”N. Haras
I had an incredible experience working with the Sultan Lawyers team from start to finish. They were friendly and professional, and made me feel at ease with what I was going through. They provided me with some incredible advice, which resulted in a better outcome than I had expected. They also followed up with me to make sure everything was ok, which was a lovely touch, they really care about their clients. I also felt like the service I received was incredibly affordable, and I would definitely recommend Sultan Lawyers to anyone, without hesitation.A. Kelly
Employers will typically rely on their employment agreements with their employees as the mechanism to guides the employees and their rights, their entitlements, and their workplace experiences. While employment agreements…
Canada is the fourth-largest country in the world considering our enormous landscape. We are a unique nation with many great things to offer in terms of employment opportunity, cultural diversity,…
On September 26, 2022, the first non-arbitral decision considering the complex matter of COVID-19 vaccination mandates in the workplace was released in British Columbia. Over the past few years, the…