ESA compliance still a challenge

Ontario’s Ministry of Labour finds many repeat violators
By Melissa Campeau
|Canadian HR Reporter|Last Updated: 04/17/2017

Last fall, Ontario’s Ministry of Labour sent inspectors to 103 workplaces — each of which had been found in violation of the Employment Standards Act (ESA) at least twice during the past three years. For the blitz, the ministry focused on sectors with “precarious employment,” such as gyms, nail salons and maintenance and security systems.

The results weren’t good: Most of the employers — 75 out of the 103 — were still in violation of the act. The most common money-related infractions involved public holiday pay, overtime pay and vacation pay. The top violations not related to money involved hours of work, record-keeping and written agreements on vacation pay.

In all, the ministry recovered $125,267 in unpaid entitlements for workers, and it reported that all of the employers willingly complied with orders to pay. The blitz also resulted in 42 fines for employers, ranging from $250 to $300 each.