Employment Standards Act and Claims Process: Walter's Case

The Fact Situation

Fact Situation

Walter (aka Wally) A. Rose has come to see you (a licensed paralegal) about an employment matter. He is 34 years old. Walter started working for Rainbow Graphics Inc. full time on May 1, 2011. Rainbow Graphics is a small non-unionized graphic design company employing only 8 people. Walter worked as a graphic designer. His work hours were 9 a.m. to 6 p.m. with a 1-hour unpaid lunch break Mondays to Fridays. On Friday April 24, 2020 at 5:45 p.m. just as he was leaving, the owner and President of the company, Angelika Shaw, told Walter that she had to let him go as business was very slow. She said she would pay him all his outstanding wages and anything else she owed him pursuant to the Employment Standards Act, 2000 on the next regular pay day which was Friday May 1, 2020 (he was always paid by direct deposit to his bank account every other Friday). Walter had been earning $29.75 per hour. The news came as a complete surprise to Walter and he was very upset and left without asking Angelika anything.

On May 1 Walter discovered that his pay had not been deposited as Angelika had promised. He immediately called Angelika at Rainbow Graphics (905-555-1212) but was unable to speak with her. He left a detailed voice mail message asking Angelika about his outstanding wages. He also wondered if he would be getting any kind of termination package. Walter left his cell phone number and asked Angelika to call him as soon as possible. As Walter did not hear back, he called Angelika on Monday May 4, 2020. Angelika answered the phone and again, Walter asked about the unpaid wages. Angelika promised him the money would be deposited by the end of that day. On Tuesday May 5, Walter checked his account but the money still had not been deposited. He called Angelika a third time but was unable to reach her. He left another detailed voice mail message asking about his outstanding pay.

Walter doesn’t know what to do about getting his money. He tells you he is owed wages for the pay period April 20 – May 1, 2020. He is very upset about not receiving his pay but doesn’t know what to do. Walter is relying on you to advise him through the process and complete any necessary paperwork on his behalf. Walter also mentions that about a month ago, Angelika had deducted $325.00 from his pay cheque because a client complained that an order had a typographical error in it that had not been caught until the material had been distributed. He asks you whether or not Angelika was allowed to do that and if anything could be done to get the money back.

Questions

1. There is no dispute that Walter is an employee. Does the Employment Standards Act, 2000, SO 2000, c 41 (ESA) apply to Walter? Are there any reasons why Walter would not be able to file a claim? Give reasons for your answer and cite the applicable statutory provision(s).

2. Is there any time limitation within which Walter should submit his claim to the Ministry of Labour (MOL) in order to receive any money owed to him? What is the latest date that Walter should submit a claim? Cite the applicable statutory provision.

3. Go to the Ministry of Labour website at and locate the PDF claim form. Prepare a claim on Walter’s behalf. The document must be typed (not hand-written). Walter will sign the document on the due date of this assignment.

4. What orders or notices might an Employment Standards Officer (ESO) issue in this matter once a contravention of the Act is found to have occurred? Describe two and cite the statutory references in your answer. 4 marks

5. While investigating Walter’s claim, the ESO discovers that the personnel records Angelika kept were not in compliance with the ESA. The ESO issues a Notice of Contravention to Rainbow Graphics.

(a) What section of the ESA has Rainbow Graphics contravened?

(b) What is the penalty relating to a contravention of the ESA for which a Notice of Contravention is issued? Provide the statutory reference.