Ex-Employee Awarded $28,000 – But Ministry Won’t Enforce Payment

Toronto Star reveals temporary foreign worker’s plight

The Toronto Star recently examined the heartbreaking story of Maria Tajon, a temporary foreign worker who turned to the Ministry for help recovering unpaid entitlements after being stiffed by the family whom she worked for as a live-in caregiver. After an Employment Standards Officer refused her request, Tajon appealed to the Ontario Labour Relations Board. She felt gratified after receiving an award of about $28,000.00, however this soon turned into frustration. To date, she is homeless, having not received a dime of what she was awarded.

Maria, like many others, often turn to the Ministry to go after what they are owed in the context of an employment dispute. While this may seem like an attractive option, the reality is people may be missing out on significant compensation. The Ministry’s role is limited to addressing an employee’s minimum entitlements, as set out in the Employment Standards Act (ESA). An employee may, however, be entitled to significantly more under the common law in Ontario.

No enforcement from the Ministry of Labour

Another potential pitfall with seeking recourse from the Ministry has to do with enforcement, which appears to be the trap that Maria fell into. Even after obtaining successful judgement, the Ministry was unable to help Maria collect on it. This begs the question: what good is a judgement if you can’t enforce it? While it appears that the Ministry did make some attempts at enforcing the award, its efforts were ultimately unsuccessful. For Maria and others facing similar situations, this is unacceptable.

When to take legal action

Individuals facing an employment dispute must recognize that oftentimes, the best way for them to get what they are owed is to get a lawyer who can help them take legal action. Not only can this decision open up the door to a greater amount of compensation, but having a determined lawyer in your corner can make all the difference when it comes to enforcing an order.

There are several different mechanisms that can be pursued through the courts to help an individual collect what they were awarded. These include:

• obtaining an order to seize and sell land;
• garnish wages;
• confiscate assets; or
• appoint a receiver to take control of and liquidate assets.

If there is any question regarding where a debtor may be keeping or hiding their assets, then it may be necessary to conduct an in-court examination hearing with a judge to get to the bottom of things – a step that the Ministry appears to have failed to take in Maria’s case.

If all else fails, then it may be necessary to use the big stick of litigation, otherwise known as a contempt motion. At this stage, a judge has a wide range of powers, including the power of ordering a debtor be imprisoned where they are able yet unwilling to pay (although this is certainly an extraordinary remedy of last resort that is awarded sparingly and only in limited circumstances).

Open the door to greater compensation

Where to pursue your claim, and who to turn to for help pursuing it, is often the most important decision an aggrieved employee can make. Whereas the Ministry appeared to have given up on Maria, we at Samfiru Tumarkin LLP certainly will not let you go down without a fight. Before deciding whether to pursue your case with the Ministry, I strongly encourage you to give us a call so we can discuss all of your available options. Making that call before starting the process can make all the difference.