Regulation makers and an employment lawyer say they’re disenchanted with Ontario’s new employment laws Working for Staff 5 Act.
The most recent model of the act obtained Royal Assent in October. The province mentioned the most recent modifications will assist frontline employees, encourage extra ladies to begin a profession within the trades and crack down on unhealthy actor employers.
In a information launch, the federal government mentioned they’ve elevated penalties for employers who violate the Employment Requirements Act in an effort to guard employees.
“In my opinion, the government’s not doing enough about this, they’re doing a little bit of virtue signaling,” mentioned Ontario NDP Labour Critic Jamie West.
West is upset over the dearth of consideration to wage theft and the federal government’s try to guard employees.
In keeping with the brand new legislation, the utmost high quality for wage theft has doubled from $50,000 to $100,000 {dollars}.
In keeping with West, it will do little or no.
“I couldn’t find a record of the member using the maximum of the $50,000 in the first place,” mentioned West, including, “If you don’t implement the maximum fine, the lower one, then double it, triple it, add seven zeroes, you’re sort of wasting everyone’s time and pretending you’re standing up for workers.”
West’s curiosity in wage theft was sparked after listening to Waterloo-based employment lawyer Joanna Mullen communicate to lawmakers about Dutchies Recent Market.
“The entire purpose of going down and speaking to the standing committee was to let them know what has been going on in Waterloo Region, particularly with this employer, Dutchies Fresh Market,” Mullen mentioned about talking on the Oct. eighth assembly.
Regardless of Mullen’s presentation, and curiosity and outrage from all political events, no additional motion was taken.
“Certainly there is some disappointment in the fact that our recommendations were not incorporated,” Mullen mentioned.
Mullen supplied MPP’s with a listing of suggestions that would assist shield employees. The suggestions included companies posting a $25,000 safety that goes in the direction of paying victims of wage theft.
She additionally recommends publicly posting employers who’re discovered responsible of wage theft, just like how municipalities checklist well being code violations for eating places.
“If there is an employer engaging in wage theft, the public should be aware of it and should be able to make a decision about whether or not they want to support this business,” mentioned Mullen.
She additionally put ahead an concept to strip companies of their licenses if different measures to pay their staff fail.
“Basically, say you can’t continue to operate a business until you pay these wages.”
In keeping with MPP West, public consciousness is a priceless software.
“Sadly, the first part of it is going to be public pressure, but most people aren’t aware this is happening … I think that there has to be a little bit of name and shame in order to get the government to do what should be happening,” mentioned West.
Dutchies’ Waterloo location stays open.
In keeping with Mullen Dutchies and its enterprise director are going to trial for Employment Requirements violations on Dec. seventeenth.
“If you want more information about how to watch the proceedings, and I think it’s important that the public participate by observing, you can contact the provincial offenses court to get information about how to observe or you’re welcome to contact us at Waterloo Region Community Legal Services, and we can share that information with you as well,” Mullen mentioned.
Ministry responds
In an announcement, Michel Figueredo, press secretary to Ontario Minister of Labour, Immigration, Coaching and Expertise Growth David Piccini, mentioned, ““Underneath Premier Ford’s management, our authorities has made vital strides in strengthening enforcement and introducing more durable penalties for employer violations below the Employment Requirements Act (ESA) and Employment Safety for International Nationals Act (EPFNA). Most not too long ago, Invoice 190, the Working for Staff 5 Act, made an modification to extend the utmost high quality for a person convicted of contravening the Employment Requirements Act from $50,000 to $100,000. Employment requirements officers conduct proactive inspections throughout Ontario to make sure compliance with the legislation.
Moreover, the ministry has improved total enforcement instruments and elevated fines for individuals who contravene the Employment Requirements Act and Employment Safety for International Nationals Act, together with:
Growing the executive penalty for repeat offenders who’ve contravened the identical provision of the Employment Requirements Act three or extra instances inside a three-year interval from $1,000 to $5,000.
Establishing the best most fines in Canada for individuals who’re convicted of taking or retaining a international nationwide’s passport or work allow below Employment Safety for International Nationals Act ($500,000 for people, $1,000,000 for firms).
Growing the executive penalty for taking or retaining a international nationwide’s passport or work allow, to start at $100,000 for the primary contravention, and growing for the second and third or subsequent contraventions inside a three-year interval.”
