Ministry of Labour Handle Wrongful Termination Complaints
The Ministry of Labour handles wrongful termination complaints in the Canadian province of Ontario. Wrongful dismissal involves an employer firing a worker in violation of The Employment Standards Act (ESA) or an employment contract. The ESA covers all workers in non-unionized workplaces, and unionized workers are covered by their respective agreements with their employers.
The Minister of Labour also has jurisdiction over some private-sector companies in the Yukon, Northwest Territories and Nunavut, as well as the federal public sector (core federal agencies, the Royal Canadian Mounted Police and Parliament), and First Nations band councils and self-governments.
When an employee is fired in violation of The Employment Standards Act, they have a right to compensation for lost wages. The amount they are entitled to is based on the salary and other benefits they would have received over a reasonable notice period prior to being wrongful termination. This includes bonuses and other incentives that they might have been receiving while working for the company.
How Does the Ministry of Labour Handle Wrongful Termination Complaints?
As part of their duty to mitigate the effects of a wrongful dismissal, an employee must actively seek new employment opportunities on a regular basis. This does not mean that they should only seek work in their immediate field of experience, but rather, should be willing to accept any type of employment. Keeping a thorough record of job searches, and other reasonable mitigation activities can help employees prove that they have taken the steps required by law to ensure that they are not suffering undue hardship following a wrongful dismissal.
If an employee believes that they have been unjustly dismissed, they must file a complaint at any Labour Program office no later than 90 days from the date of their dismissal. They can do this by themselves or through a representative such as a lawyer. The complaint must identify the person, include the date of the dismissal and allege that their termination was unjust.
An adjudicator will investigate the claim, and if they determine that an injustice has occurred, they will order the employer to pay the employee their unjustified dismissal compensation. An employer who refuses to do this can face civil liability for the amount they are owed, including interest and costs.
While it is rare that an employee will file a wrongful termination claim, the Ministry of Labour does investigate these claims on a regular basis. In fact, they have an entire division dedicated to investigating these types of claims.
The Ministry of Labour will investigate any complaints that they deem to be valid, and they may also take wage recovery action if appropriate. In addition, the ministry has an ombudsman who can investigate and resolve complaints in a fair and timely manner.
Often, these cases are related to issues such as discrimination or retaliation, or they could be the result of an employer violating the Human Rights Code. In either case, these allegations can be quite serious and the consequences severe for both employees and businesses. This is why it is important that every employee understand their rights, and how to protect themselves from wrongful termination allegations.