Currently, a claim for unpaid wages, vacation pay and termination pay can be brought to the Ministry of Labour as a complaint under the Employment Standards Act, but the maximum you can obtain is generally $10,000. If you claim for termination pay then you generally cannot bring a wrongful dismissal action in the courts.
If your wrongful dismissal damages are $25,000 or less, then you can file the claim in Small Claims Court.
On August 11, 2014, the Minister of the Attorney General introduced a new pilot project allowing plaintiffs to file claims online for certain matters. The claims can be made only in Brampton, Oshawa, Ottawa and Richmond Hill. It may be broadened to the entire province in 2015.
Not all claims are covered by the new e-filing. Your claim must be for a specific amount – for example a specific amount owed under a contract. If the amount owed is in dispute, filing must proceed the normal route.
We help employees with small claims court actions. We can either: draft small claims court claims on your behalf and help you navigate the process on your own or we can take over the case from start to finish; the choice is yours.
If you have a potential Small Claims Court action and would like to speak with an employment lawyer about your rights, please contact us at [email protected] or 1-888-640-1728 (toll free) or 647-633-9894 (within the GTA).
With the upcoming federal election on October 21, employees should be aware of their rights to cast their vote on election day. Under the Canada Elections Act, everyone who is eligible to vote (Canadian citizens who are 18 years of age or older) must have three consecutive hours to cast their vote on election day.
This blog explains why you should carefully review a job offer before accepting it.
Are clauses that purport to waive an employee’s years of service for the purposes of severance/notice pay enforceable? It’s all important when your company is sold. Here is what to look for.