What Are Your Remedies if Employer in Canada Violates Your Rights

There arises a problem when you are working for an employer who is violating your rights. The relation between you and your employer gets worse and thus not providing a healthy working environment. In such a scenario if an Employer in Canada Violates Your Rights, you have the option of filing a claim with the Labour Ministry.

When you file the claim, it helps a lot in a proper analysis of the fact that your employer has violated the (ESA) Employment Standards Act. Most of the employees working in Ontario are sheltered under ESA. 

ESA Rules to be Followed by Employers:

• No. of working hours.
• Minimum wages and calculation of overtime wages.
• Public holiday and vacation payment rule.
• Leave for parenting and pregnancy.
• Sick leave and emergency leaves.
• Termination payment, and severance.
• Caregiver leave, and family medical holiday.

What is a Violation of Employee Rights?

• Defaulting, the right amount of wages or salary, or some public holiday wage, or some vacation payment, as per the ESA.
• Punishing the employee for taking an entitled leave, or, not allowing the employee to take such leave, under the Act.
• Failure to provide the employee with document and salary statements.

Employees would have more Rights also under the following 

• A contract of service.
• A collective contract.
• The common regulation.
• Other constitutional regulations.

Do you have a Time Limit to File a Claim?

Yes, the time limit is usually two years.

All about Unions:

If you are working for any union then you will have to register the application to the Labour Relations Board, Ontario. 

What happens once the claim is filed if the Employer in Canada Violates Your Rights:

As soon as the claim is filed, the Ministry would get in touch with your company and get them to solve your issues. If the employer does not do that, an investigation will begin, to resolve the setback.

The Ministry would want the employer to treat you in all fair means and also decide what must be done to resolve your issue. An ESA officer would get the employer to try fixing the problem at his level. If things do not get better, then he intervenes by opening an investigation.

They would talk both with your employer and you be means of phone, or in writing, or a meeting by visiting the employer in person. 

After reviewing the investigation, if the employer is found to have treated you unfairly, he would be given a chance for solving the issue and if he does not do so, the officer might order your company to pay the wages due to you, oblige by the rules of ESA, give back your job and position and also compensate you. 

As done in many cases, your employer might also be charged with lapse and will be given a ticket. If found convicted, he can be fined or even sent to jail. The process can however be time-consuming.

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Diksha Garg

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