Sunday, November 14, 2010

Ontario Employment Law: Appeal of an Employment Standards Officer's Decision

Under the Ontario Employment Standards Act, an employer or employee may apply to the Ontario Labour Relations Board for a review of an Employment Standards Officer’s decision made pursuant to that Act in respect of three types of decisions:

  1. An Order (for example, an order to pay wages)
  2. The refusal to make an Order
  3. A Notice of Contravention
The Ontario Labour Relations Board is the body responsible for processing and determining these review applications.

An Applicant for review of an Employment Standards decision must bear the following requirements in mind:
1. The Application for Review must be received by the Board within 30 days after service of the Order, the letter advising the employee of the Order, the letter advising of the refusal to issue an Order, or the Notice of Contravention, as the case may be.

2. The Application must consist of:
a. a copy of Form A-103;
b. all supporting documents (including the officer’s order or notice or letter refusing to issue an order;
c. proof of payment into the Board of the disputed amount, if you are an employer facing an order to pay;
d. a copy of Ontario Labour Relations Board Information Bulletin 24
3. Before filing the Application with the Board, you must deliver it to the responding parties and any other party whom you identify as potentially impacted by the Application.
Once you have completed these steps, you will receive a letter from the Board confirming receipt of the Application.

A Mediation Meeting, which requires parties to bring all documents and materials they want the Board to consider, usually follows. The purpose of mediation is to help the parties reach an agreement to settle the Application and therefore avoid the need for a hearing. Of note, this meeting is held on a without prejudice basis.

Failing the parties settling the Application at the Mediation stage, a hearing will be held which will determine the parties’ rights and obligations under the Employment Standards Act.

There is no fee associated with making this type of application under the Act.

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