Some new changes have been enacted that affect the rights of employers and employees under the Employment Standards Act (the “ESA”) in Ontario. Please check the Ministry of Labour’s website for a full description of the many changes. Ellyn Law continues its many years of representing both employers and employees with respect to their rights in employment law disputes. One of the most significant changes to the ESA is that, effective February 20, 2015, the $10,000 cap on wages that could be awarded by Employment Standards Officers will be removed. As well, the time limit for filing a complaint at the Ministry of Labour will increase from 6 months to 2 years, which is in accord with the limitation period for bringing a common law complaint. This provides the employee with significantly more options in trying to find the most cost effective manner to advance their claim. The employer should make sure they have proper representation from the moment they receive a complaint from the Ministry. If you are confused by the options available or your business has just received a complaint – call us!
Ellyn Law has represented temporary help agencies and their clients for many years. These situations involve unique fact situations that are not found in most employment law situations. The changes to the ESA now make it clear that, as of November 20, 2015, both temporary help agencies and their clients will be jointly and severally liable for unpaid wages for those temporary employees on assignment. Contact Ellyn Law to make sure you will be ready for the new record-keeping requirements in this regard. As well, perhaps you need to review your contract if you are, or utilize the services of, a temporary help agency. Call us to discuss if you can reduce the potential liability arising from the use of temporary workers.