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DELIVERING YOUR PIECE OF THE PIE

WHAT IS THE ONTARIO LABOUR RELATIONS BOARD?

Written into the ESA is the creation of the Ontario Labour Relations Board. The Board oversees the administration and enforcement of the ESA.  They investigate complaints by workers, and have the power to levy fines to employers and recover loss wages for employees. The Labour Board is divided into two camps. In the first camp are the investigating officers. When a complaint is received by a worker, the complaint is investigated, and the officer will make the initial ruling. Normally, these would be issues contained in the ESA, like unpaid vacation pay or workers who were not paid monies they feel they are owed, or other non-monetary issues, like sexual harassment or reprisal.

The investigating officers are like the police. They investigate complaints and give determinations whether the Act has been breached. Sort of like the police handing out a speeding ticket.

The second group, the Tribunal, make the final determination. A Tribunal is like a Court.  If the one of the two parties, (you or your boss), disagree with the investigating officer’s determination (ruling), ether party can apply to the Tribunal for a final decision. The investigating officer will be asked to defend his ruling at a Tribunal hearing, should it come to that.

Tribunals are empowered by Legislation’s to ‘hold Court’ on matters pertaining specifically to single pieces of legislation. In this case, the OLRB Tribunal only deals with the matters pertaining to the ESA. The tribunal understands the average applicant can not afford a lawyer, and is set up in a way to make it easy for the average Joe.