How to Report an Employer for Breaking Labour Laws
In Ontario, your workplace should be a place of respect, fairness, and safety. But what happens when it isn’t? Imagine this: you’ve put in the hours, met every deadline, and done your job with integrity, only to find out that your employer is not properly paying you, ignoring your safety, or treating you inappropriately. The sinking feeling of being treated unfairly at work is all too real, and you’re left wondering, “What do I do now?”
The good news is, you’re not alone—and there are steps you can take to defend your rights. Ontario’s employment and labour laws are designed to protect you from these very situations, ensuring that your hard work is met with the fairness and the respect you deserve. But understanding how to navigate these laws, and how to take action when they’re violated, can feel daunting. This blog will guide you through the process of how to report an employer for breaking labour laws, and show you how the Toronto employment lawyers at Whitten & Lublin can help you stand up for your rights.
Understanding Employment and Labour Law Violations
Employment and labour law violations come in many forms. You might be facing a dispute over termination or severance pay, or perhaps your employer isn’t complying with health and safety regulations. Maybe you haven’t been paid for all your hours worked, or you’ve been denied vacation pay or public holiday pay. These are serious issues that need addressing.
In Ontario, the Employment Standards Act, 2000 (ESA) is the key legislation that sets out the minimum standards for most workplaces. It covers everything from work schedules to pay periods and dictates how employers should treat their employees.
If you work in a federally regulated workplace, such as banking, telecommunications, or transportation, the Federal Government has its own set of rules under the Canada Labour Code. These protections are similarly robust, ensuring employees across the board have access to their rights.
But what if your employer isn’t following these laws? What if wages owed to you are being withheld, or you’re not receiving the severance pay you’re entitled to? What if your workplace is unsafe, or you’re facing discrimination?
Steps to Report an Employment and Labour Law Violation
Recognizing a violation is only the first step; the next is to take action. Reporting your employer is about building a strong case and following the correct procedures.
Step 1: Document the Violation
Start by keeping detailed records of the violation—whether it’s about unpaid wages, a failure to provide vacation pay, or any other issue. This documentation is essential; keep emails, written communications, pay stubs, and any other evidence that supports your claim. If it’s about safety concerns, take photos or note down unsafe practices. If it’s about wages owed, keep a record of the hours worked versus what you were paid.
Step 2: Internal Reporting
Before going external, it’s often wise to report the issue internally. This usually means speaking with the human resources department or your direct manager. Explain the situation clearly, using the documentation you’ve gathered. Sometimes, a formal complaint internally can resolve the issue without needing further action. However, if you’re met with resistance or non-compliance, it’s time to escalate the matter.
Step 3: External Reporting
When internal channels fail, or if the issue is too severe to handle internally, you have several options:
- Filing an Employment Standards Complaint: For issues like unpaid wages, severance, or vacation pay, filing a complaint with the Ministry of Labour, Training and Skills Development (Ministry of Labour) is the next step. An employment standards officer will review your case, investigate, and take necessary action. You can file your complaint online, making the process accessible and straightforward.
- Reporting to the Ontario Labour Relations Board (OLRB): If your workplace is unionized or you’re dealing with unfair labour practices under a collective agreement, the OLRB is the appropriate body to handle your complaint, however, you should speak to your union representatives about the proper escalation procedures.
- Human Rights Complaints: For discrimination or harassment issues, you can file a complaint with the Human Rights Tribunal of Ontario (HRTO). This process involves a detailed submission of your case, and if accepted, it can lead to a formal hearing.
- Workplace Safety Complaints: If your issue revolves around unsafe working conditions, you can report this to the Ministry of Labour’s health and safety department. Anonymous complaints are an option here, protecting your identity while ensuring the issue is addressed. The Ministry will likely send inspectors to your workplace to assess the situation and enforce compliance if necessary.
- Complaints in Federally Regulated Workplaces: For those working in federally regulated industries, the Labour Program of the Federal Government is your go-to resource. You can file a complaint about any employment standards issue, from unpaid wages to unsafe working conditions. The process is similar to Ontario’s but is handled under federal jurisdiction.
- Litigation through Civil Courts: If the workplace standard complaints are in addition to something like a wrongful dismissal, it may be worth pursuing the matter in the civil courts. Where common law entitlements are involved, which can often far eclipse an employee’s entitlements under the ESA or Canada Labour Code, this is the main avenue to pursue such damages. Importantly, filing a matter in one of the above venues can be a bar to filing a lawsuit in civil courts, and vice versa.
What Happens After Filing a Complaint
Filing a complaint is a significant step, but it’s only the beginning. Once your complaint is lodged, whether through the Ministry of Labour, the OLRB, or the Human Rights Tribunal, an investigation will commence. This might involve interviews with you and your employer, reviewing documentation, and possibly even site inspections if it’s a safety complaint.
The role of the employment standards officer or relevant authority is to determine whether there has been a violation and what the appropriate remedy should be. This could mean recovering unpaid wages, securing back pay, or ordering your employer to correct unsafe working conditions.
The outcomes vary, but the goal is always to resolve the issue and ensure that you receive fair treatment.
How Whitten & Lublin Can Help
At Whitten & Lublin, we know that facing off against an employer isn’t just a legal challenge; it’s a deeply personal one. Your livelihood, well-being, and sense of justice are all on the line.
Before filing any complaint, getting the right legal advice can help you understand the strength of your case, the potential outcomes, and the best way to move forward.
Our team brings years of experience in employment law to the table, giving you the insights you need to make informed decisions.
Taking Control
You don’t have to face this battle alone. We are here to guide you through the process. Taking control of your situation means being proactive about your rights. With Whitten & Lublin by your side, you have a team that’s committed to achieving the best possible outcome for you.
Secure Your Future: Legal Support for Employment Disputes
Facing a workplace dispute can be overwhelming, especially with Ontario unemployment on the rise and job security feeling more fragile than ever. But you don’t have to face these challenges alone. Whether you are trying to recover unpaid wages, address breaches in employment contracts, or you have been forced to deal with unsafe working conditions, there are legal avenues available to you.
Whitten & Lublin is here to provide the support and advocacy you need to protect your rights. If you’re facing a difficult situation at work, don’t hesitate to reach out. Contact us today to start the conversation and take control of your employment situation. Your rights matter, and together, we can make sure they’re upheld.