Pizzadrivers.ca

DELIVERING YOUR PIECE OF THE PIE

STEPS TO START

If you wish to look into it on your own status, perhaps the place to start is with the Canada Revenue Agency and their branch that deal directly with this question through EI and CPP. They have a simple one-page application form that can be downloaded at: http://www.cra-arc.gc.ca/E/pbg/tf/cpt1/cpt1-06b.pdf       

Fill it out, and send it in.

They will respond within two months. They will probably phone you and ask the same questions we have given above, and visit your workplace to collect information and interview your boss.

At the same time, you can walk into the local Provincial Labour Board office, and ask them to start an Employment Standard Claim to investigate to have you protected under the Employment Standards Act. The application form is a little more complicated, four pages, but is still easy. The Ontario Labour Board offices are a backed-up with cases, but they will send you an acknowledgement that they have received your request, and the date when they will get around to it.  

This, no doubt, will up set your boss, but he can not fire you with out opening himself up to additional penalties and wrongful dismissal or reprisal lawsuits. Usually the store manager pawns the whole matter off to head office, and steps back.

The Employment Standards Act of Ontario states the following:

   Reprisal prohibited:

      74.  (1)  No employer or person acting on behalf of an employer shall intimidate, dismiss or otherwise penalize an employee or threaten to do so,

         (a)     because the employee,

                        (i)    asks the employer to comply with this Act and the regulations,

                       (ii)    makes inquiries about his or her rights under this Act,

                      (iii)    files a complaint with the Ministry under this Act,

                      (iv)    exercises or attempts to exercise a right under this Act,

                       (v)    gives information to an employment standards officer,

(vi)               testifies or is required to testify or otherwise participates or is going to participate in a proceeding under this Act,           

   Onus of proof

    (2)  Subject to subsection 122 (4), in any proceeding under this Act, the burden of proof that an employer did not contravene a provision set out in this section lies upon the employer.  2000, c. 41, s. 74 (2).

If the boss fires you, and you win your case, you can charge them with reprisal, and claim you wages from the time you were fired until the settlement of your case.