Your employer is prohibited from penalizing you in any way because you:
- asked your employer to comply with the ESA and the regulations
- asked questions about the ESA
- filed a complaint under the ESA
- exercised or tried to exercise a right under the ESA
- gave information to an employment standards officer
- took, planned to take, were or would become eligible to take a leave under the ESA including a pregnancy, parental, family medical, personal emergency or reservist leave
- participated in a proceeding under the ESA or section 4 of the Retail Business Holidays Act.
The employer is also prohibited from penalizing you for being required (because of a court order or garnishment) to pay money owed to a third party.
- What if my employer penalizes me for one of the above reasons?
- What else can the Ministry of Labour do if an employer penalizes an employee unlawfully?
- What if I think my employer is not following the ESA?
- Can I see the ESA?
|What if my employer penalizes me for one of the above reasons?
You may file a claim with the Ministry of Labour. An employment standards officer has the power to order your employer:
to reinstate you to your job (if you were dismissed)
to compensate you for any loss you suffered because of the reprisal
to pay you any wages that may be owing.
Generally speaking, if you are represented by a trade union and are covered by a collective agreement (whether or not you are actually a member of the union), your claim, if it is to be pursued, must be pursued through the grievance procedure contained in the collective agreement between the employer and the trade union. You will need to speak to your union representative.
|What else can the Ministry of Labour do if an employer penalizes an employee unlawfully?
An employment standards officer may also issue a compliance order, requiring the employer to stop violating the ESA and/or to take certain actions. The officer can also issue a notice of contravention with prescribed penalties if he or she finds the employer has violated the ESA.
Lastly, an employer may also be issued a ticket or otherwise prosecuted under the Provincial Offences Act and, if convicted, ordered to pay a fine and/or imprisoned for contravening an employee's rights under the reprisal section of the Act. A court may require the employer to take or refrain from taking action to remedy the contravention.
| What if I think my employer is not following the ESA?
What if I think my employer is not following the ESA?
|Can I see the ESA?
Employment Standards Act, 2000