Ministry of Labour Issues Tickets to Employers

by Howard A. Levitt and J. Michael Mulroy
Lang Michener LLP

The Ministry of Labour enforces compliance with the Employment Standards Act 2000 (the ESA) and its regulations through investing complaints filed by employees, targeted inspections and prosecutions. It now has an added weapon in its arsenal: it has assigned staff to issue tickets to employers who are not complying with the ESA.

The Ministry of Labor has been criticized for only reacting to complaints by aggrieved employees. The Ministry of Labour investigated close to 16,000 complaints in 2004/2005 from individuals. In response to this criticism, the Ministry has initiated on-site inspections of companies to encourage compliance with the ESA.

Employers receive an unannounced visit from a Ministry of Labour officer dressed in a parka with "ONTARIO" printed across the back and looking decidedly like the police about to issue a ticket. A ticket is exactly what you will receive, if your pay records do not show your company complies with its obligations under the ESA. Each ticket carries a fine of approximately $360.00 dollars.

However, a ticket is just the beginning, as an order to pay unpaid wages, vacation, overtime, public holidays or wages below the minimum wage may follow as well as prosecution for committing an offence under the ESA.

Whether the Ministry of Labour issues a ticket or contacts you about a complaint, do not ignore communication from the Ministry. Rather inform yourself and obtain advice from a lawyer who specializes in employment. This is a wise step to take, so you are in compliance and know your rights, when the Ministry of Labour officer pays a visit to your company.

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