Friday, December 10, 2010

Changes to the Employment Standards Claim process will impact workers

The Ministry of Labour will be introducing changes to the Employment Standards claims process on January 19, 2011. The Government is increasing the steps that workers must take before they can even file a claim.

The changes to the claims process put into effect the Government's Open for Business Act that passed October 21, 2010.

When considering whether to file a claim before or after January 19, 2011, you should consider that:

1) The new claims process will require workers to contact their employer to seek wages and entitlements owed under the Employment Standards Act before they will be allowed to file a claim at the Ministry of Labour. There will be some exceptions to this requirement. Workers will be required to report on the steps they have taken to enforce their rights with the employer on their claim form.

2) Workers will be required to provide, in writing, specified information and evidence for their complaint before the claim will be accepted for investigation.
Complaints for unpaid wages and employment standards rights will not proceed unless these steps are taken (with some exceptions). Claims that don't meet these requirements will be deemed withdrawn after 6 months.