FILING AN EMPLOYMENT STANDARDS CLAIM
Hello, and welcome to another MOL Radio information segment.
This week, we're going to discuss what you should do if you are considering filing an employment standards claim.
In Ontario, the Employment Standards Act sets minimum employment standards for most Ontario workplaces. These are standards such as minimum wage, public holiday pay, vacation pay, hours of work, overtime pay, termination and severance pay, and others.
Most Ontario employers play fair and obey the law. In many cases, disagreements over employment standards are usually the result of a simple misunderstanding. These misunderstandings are quickly solved once the error is brought to the employer's attention.
However, if you feel your rights under the Employment Standards Act have been violated, and you cannot resolve the issue with your employer, you may have to file an employment standards claim.
First, check to see if you are covered by Ontario's Employment Standards Act.
The Act applies to most employees working in Ontario. However, the Act does not apply to you if you work for any employer under federal jurisdiction. For example, if you work in a post office, for an airline, bank, and TV or radio stations, you are covered by federal laws, and you should contact the Federal Labour Program of Human Resources and Skills Development Canada, since you are under their jurisdiction.
If you are unsure if you are covered by the Ontario Employment Standards Act, contact our Information Centre at 1-800-531-5551. That's 1-800-531-5551.
Next … is your workplace unionized, and are you an employee covered by a collective agreement?
If you are, you are (generally) not allowed to file a claim. You would need to use the grievance procedure contained in the collective agreement between your employer and your trade union.
Have you filed a claim in a court of law?
Generally speaking, you cannot file a claim with the Ministry of Labour if you have already started a court action against your employer for the same matter. If you file a claim with the ministry, you generally cannot start a court action unless you withdraw your claim within 2 weeks of the date you filed the claim.
You should discuss this situation with a lawyer before you proceed.
The timing of your claim is also important.
With some exceptions, the Ministry of Labour can only recover wages that became due within six months before the claim is filed. And generally, $10,000 is the maximum amount that the Ministry of Labour can order an employer to pay an employee.
At this point, if you still wish to file a claim, you should proceed.
Go to our website at Ontario.ca - forward slash - employment standards - that's one word. Once again … Ontario.ca - forward slash - employment standards - one word.
Scroll down to key resources, and click on Employment Standards Claim. This will take you to the section that will have all the information you will need.
As well, we have two videos - one on your employment standards rights and one on filing a claim. These videos are available in a number of languages.
The resources on our website should guide you through the process.
As well, if you have any questions, you can call our Information Centre at 1-800-531-5551. That's 1-800-531-5551. Our operators are standing by to assist you.
Thank you for listening to MOL Radio.