The Employment Standards Act (ESA) only sets out minimum terms and conditions of work. Employees who believe that their rights under the ESA have between violated may file a claim with the Ministry of Labour. For many employees the ESA provides the only meaningful entitlements. For example, an entry-level employee who is laid off after two years service is entitled to two weeks' termination notice or pay in lieu.
Alternatively, employees with many years of service with the employer may choose to go to Small Claims Court to assert, for example, their right to reasonable notice. The Court will consider the reasonableness of the notice while taking into consideration the character of the employment, the employee’s years of service, the employee’s age, and the availability of similar employment, as well as the employee’s experience, training and qualifications. Generally, damages awarded are significantly higher.
F.A.S.T. can help you with issues about:
• Insufficient notice of termination of employment or pay in lieu of notice;
• Wrongful dismissal;
• Employment contract disputes;
• Wrongful acts done to you, your property or your reputation (for example, defamation, intimidation, discrimination, inducing breach of contract;
• Careless actions causing physical harm or misrepresentation causing economic loss.