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Questions about the Employee No Longer Being Required to Contact Employer When Filing a Claim

What exactly does this provision do?

The Fair Workplaces, Better Jobs Act repeals sections 96.1 and 74.12.1 of the Employment Standards Act, 2000 (ESA).

Why is this significant?

The repeal of these sections means that a person filing a claim no longer needs to take any specified steps when filing a claim, such as informing the employer of why he/she thought the ESA was being contravened and the amount of any wages believed to be owed to him/her.

How is the new provision different from the existing provisions in the ESA?

Section 96.1, among other things, required a person filing a claim to take certain steps, as specified by the Ministry of Labour’s Director of Employment Standards (Director). It also set out what steps the Director could specify. Section 74.12.1 modified s. 96.1, as necessary, for Part XVIII.1 Temporary Help Agencies.

If the claimant did not take the steps specified by the Director, the Director could refuse to assign the claim to an officer for investigation. The section also gave the Director the authority to assign the claim to an officer for investigation, even if the claim did not carry out the required steps.

With the repeal of sections 96.1 and 74.12.1, there is no longer any required steps a person filing a claim must take before the Director assigns the claim to an officer for investigation.

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