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Employer Notice

Information about the Claim Process

You are receiving this notice because your employee or past employee believes that you have contravened the Employment Standards Act, 2000 (ESA).

Employees are encouraged to contact their employer or former employer before filing a claim with the Ministry of Labour.

In contacting you about his or her concerns, your employee is giving you information about the alleged contravention(s) of the ESA and the opportunity to resolve the matter. If you and the employee are unable to resolve the issue(s) directly, a claim may be filed and a Ministry of Labour investigation may begin.

Please note that at this point no determination has been made about whether or not you have contravened the ESA.

Your early efforts to resolve the concerns with your employee, where possible, may avoid the need for an investigation by us.

If an investigation determines that you contravened the ESA, enforcement action can be taken against you. You may be ordered to pay any wages that are owing to the employee and in some cases, you could be ordered to pay compensation or to reinstate the employee. A notice of contravention carrying a monetary penalty could be issued against you and you could also be subject to prosecution.

Reprisals Prohibited

You cannot punish the employee in any way because the employee asks you about, or for, his or her ESA rights. You cannot:

  • Intimidate the employee;
  • Suspend the employee;
  • Fire the employee;
  • Penalize the employee in any other way (e.g. reducing the employee’s pay or withholding tips and other gratuities); or
  • Threaten any of these actions.

Employers that commit a reprisal have been ordered to compensate employees, often for many thousands of dollars. Reinstatement can also be ordered in addition to compensation.

Disclaimer: This resource has been prepared to help employees and employers understand some of the minimum rights and obligations established under the Employment Standards Act, 2000 (ESA) and regulations. It is not legal advice. It is not intended to replace the ESA or regulations and reference should always be made to the official version of the legislation. Although we endeavor to ensure that the information in this resource is as current and accurate as possible, errors do occasionally occur. The ESA provides minimum standards only. Some employees may have greater rights under an employment contract, collective agreement, the common law or other legislation. Employers and employees may wish to obtain legal advice.