Ministry of Labour Complaints

When You Shouldn’t File A Claim With The Ministry Of Labour!

After a termination of employment many are often faced with the difficult decision of whether or not to accept a severance offer from their previous employer. Your employer is insistent that the severance package is fair and in accordance with the ESA. Though many would suggest that the Ministry of Labour in Ontario, Alberta or British Columbia can offer free services to help you out in this situation, it is important to understand that the Ministry may not advise you of your entitlements beyond the ESA minimums.

Calling the Ministry can result in missing out on thousands of dollars and could prevent you from taking any legal action.

Ministry representatives are not trained lawyers and only provide information on your minimum entitlements pursuant to the Employment Standards Act in the provinces of Ontario, Alberta and British Columbia. Terminated employees are entitled to a severance package, the Employment Standards Act outlines the minimum entitlements.

Minimum entitlements are usually 1 or 2 weeks per year of service but employees are often entitled to a much more, in some cases, this can be up to 1 or 2 months per year pursuant to the common law. This is where the ministry not only misinforms people but can actually harm an individual’s interests with the information they provide to them.

It is important to contact an employment lawyer to review your severance entitlements and ensure that you receive fair compensation for your services.

When Should You File A Claim With The Ministry of Labour?

There are certain circumstances where filing a claim with the Ministry of Labour may be advisable for an employee. If during the course of your employment your employer is not paying you the proper amount of vacation pay, or refusing to pay you overtime, filing an employment standards claim with the Ministry may be the most efficient and cost-effective way to resolve your dispute. If a claim with the Ministry is recommended, it is important that you know how to navigate the claim process. Learn more about the process here.

The process is available to most employees in Ontario, but not all. Unionized or federally-regulated employees (banks or telecommunications companies, for example), cannot file a claim with the Ministry of Labour, though there are other options available. If you are a member of a union you can contact the Ontario Labour Relations Board.