Deductions From Wages
Rajinder Batra is a retired Employment Standards Office with 15 years experience with the Ontario Ministry of Labour. He regularly contributes articles regarding the rights of employees and obligations of the employers under Employment Standards Act, 2000 to various publications. Please note your questions (and Rajinder's response to them) may be shared online to benefit other members of the MyBindi community.
The Employment Standards Act is the law that contains basic rules about employing people and working. Both employees and employers have rights and responsibilities under the Act.
Does the Act cover all employees in Ontario?
Most employees are covered by the provincial legislation. However, employees working in industries that fall under Federal jurisdiction, such as, Post office, Banks, Railways, Radio stations, Airlines, Television stations etc. are not covered. you are currently employed with the company, you may be able to file a claim with a request that your name not be disclosed. The Act protects you when you are exercising your rights under it.
This section clarifies that the employer is prohibited from the following:
withholding wages that an employee has earned;
making a deduction from an employee's wages;
causing the employee to return his or wages to the employer, except where the employer is permitted to do so under this section. However, the employer is permitted to make deductions if the statute allows it or if the court requires it. Also, the employee agrees into this on a free will and was not forced to agree as a condition of his or her employment.
If the agreement between the employer and the employee is not voluntary or not in writing, the agreement is null and void. This means the employer made the deduction without the consent of the employee.
This section clarifies under what conditions the employer is permitted to make the deductions from the employee's wages. This specifies if the Ontario or Canada statute allows it, the employer can make the deduction. This also permits the employer to withhold wages if the court directs it to do so.
If you or the employer disagrees with the investigating UGG UGG Bailey Button Classic Tall officer's decision, both parties have a right to appeal to Ontario Labour Relations Board within 30 days of the officer's decision. The Board appoints a referee to hear the appeal. It does not cost the employee to request an appeal but the employer may be required to deposit monies in trust with the Ministry of Labour if it is found to be owing. The referee decision is final and binding on both parties. UGGS Outlet the past, the Ministry was very aggressive in defending the rights of an employee and would send a legal counsel to represent the employee at the Board's hearing to deal with the matter. It rarely does so now. Obviously, the employer has advantage over the employee in these circumstances. The question arises, should the employee also engage the services of a professional? It is my view, employee's may not engage such services at the officer's level hearing but may do so at the at the referee level hearing, particularly, if the issues are complex.
It is important that if UGG Bailey Button Triplet a hearing has been scheduled, the employee must attend such a hearing to present evidence to support its position or to contest the employer's evidence, otherwise, the officer or the referee may rely on the evidence of the employer to render a decision. information is provided for guidance only and should not be considered as a legal advice. It is innovative engineering creates Oakley glasses endure high impact as well as extreme conditions while guarding the wearer eyes. The power as well as performance of Oakley is so legendary, there are even testimonies circulating about military whose faces were subjected to deadly IED blasts and sustained damages everywhere apart from the eyes, which are covered with Oakley.