Where should I bring my workplace legal claim?
This article was originally published by The Hamilton Spectator.
Q: I’m an employee with a workplace issue—where should I bring my legal claim?
A: Generally speaking, there are three options to consider: the courts, Ministry of Labour, or Human Rights Tribunal of Ontario.
The Human Rights Tribunal deals with violations of the Human Rights Code. Such matters include things like racist or sexist harassment, as well as an employer’s refusal to provide workplace accommodations for disabilities or childcare obligations.
The Ministry of Labour deals with complaints under the Employment Standards Act, including things like an employer’s failure to pay vacation pay or overtime. The Ministry also enforces the Occupation Health and Safety Act, which deals with things like workplace violence and harassment and the right to refuse unsafe work.
The courts deal with all sorts of cases. As an employment lawyer, the most common claim I bring in court is for wrongful dismissal, which occurs when an employer fires an employee but fails to provide the required notice or pay in lieu.
There is some overlap—for instance, if you were wrongfully dismissed for discriminatory reasons, you could claim for both wrongful dismissal claim and human rights violations in court. However, you cannot later change your mind and try to go to the Tribunal. Once you start a claim in one place, you will usually be prevented from starting a similar claim elsewhere.
Choosing where to go is a strategic decision that depends on the unique nature of your workplace issue, and so you should always consult a lawyer before starting your claim.
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