Wage Deductions For Faulty Work Is Illegal In Ontario

[Admin]

You are protected under ESA, Employment Standards Act.

Deductions, etc.
      13.  (1)  An employer shall not withhold wages payable to an employee, make a deduction from an employee's wages or cause the employee to return his or her wages to the employer unless authorized to do so under this section.  2000, c. 41, s. 13 (1).

Statute or court order
            (2)  An employer may withhold or make a deduction from an employee's wages or cause the employee to return them if a statute of Ontario or Canada or a court order authorizes it.  2000, c. 41, s. 13 (2).

Employee authorization
            (3)  An employer may withhold or make a deduction from an employee's wages or cause the employee to return them with the employee's written authorization.  2000, c. 41, s. 13 (3).

Exception
            (4)  Subsections (2) and (3) do not apply if the statute, order or written authorization from the employee requires the employer to remit the withheld or deducted wages to a third person and the employer fails to do so.  2000, c. 41, s. 13 (4).

Same
            (5)  Subsection (3) does not apply if,
                 (a)    the employee's authorization does not refer to a specific amount or provide a formula from which a specific amount may be calculated;
                 (b)    the employee's wages were withheld, deducted or required to be returned,
                             (i)    because of faulty work,
                             (ii)    because the employer had a cash shortage, lost property or had property stolen and a person other than the employee had access to the cash or property, or
                             (iii)    under any prescribed conditions; or
                 (c)    the employee's wages were required to be returned and those wages were the subject of an order under this Act.  2000, c. 41, s. 13 (5).

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Employers can be ordered to:  - Pay the wages that are owing to employees
                                           - Follow the rules of the ESA
                                           - Compensate an employee

Employers cannot intimidate, fire, suspend, or otherwise punish an employee, or threaten any of these actions because the employee asks for or asks about their ESA rights. If this happens, contact the Ministry of Labour.

If an employee thinks that an employer is not following the ESA law, he or she can contact the Ministry of Labour for help. Employment Standards Officers can inspect workplaces and look into possible violations of the ESA.

Employment Standards Information Centre - 1-800-531-5551

The Ministry of Labour can also charge an employer with an offence, including a ticket.  If convicted, employers may be fined or sent to jail.


In addition to a full refund for monies deducted as "faulty work", the employee may also be entitled to compensation from the employer.  Please call the Ministry Of Labour for your legal options.
Your employer can also be ordered to reinstate you or compensate you if you were penalized for exercising your rights under the ESA. 

[Admin]

This is an example of a "DEMAND" letter.  You should send the letter by registered mail.


Employee Name
Address
City, Province
Postal Code

Employer Name
Address
City, Province
Postal Code

RE: "DEMAND LETTER"

I expect a refund for all deductions, as a result of "faulty work".  What you have been doing is illegal.  You have no right to deduct wages from employees for "faulty work", whether they authorize it or not.  Please refer to the Employment Standards Act, Clause 13, Subsection (5)(b)(i).  If you have any questions, please contact the Ministry Of Labour, 1-800-531-5551.



Sincerely,

_______________________
Employee Name

[Admin]

To file a claim against your employer, visit the Ministry of Labour site - Here

You can file a claim, online or by mail.

For help completing the form, check the Claim Form Guide - Here

It takes about 10 minutes to complete the online claim.  A Ministry of Labour employee will then contact you by telephone.  You will then be able to get into the specifics of each claim.

Clause 13, Subsection (5)(b)(i) - Wage deductions for faulty work.
Clause 11, Subsection (5) - All monies to be paid 7 days from termination, or next pay day, whichever is later.
Clause 1, Subsection (2)(3) - Unpaid training, or training not paid at regular or premium rate.