Press Releases

ESA Enforcement

July 9, 2010

Ministry of Unpaid Labour; Local workers owed wages but have no hopes the Ministry will do its job

Five local workers are collectively owed $15,878.62 in unpaid wages, but they have yet to see any of the money despite the Ministry of Labour issuing Orders to Pay against their employer.

The Ministry of Labour issued Orders to Pay against a Belleville company named Water’s Edge Retirement Living Limited (“Water’s Edge”) in September 2009 for not paying its employees their regular wages, overtime pay, public holiday pay, vacation pay, and termination pay.  The Ministry of Labour also found that Water’s Edge fired one of its employees for asserting her rights under the Employment Standards Act.

Despite the Orders to Pay, the Ministry of Labour has yet to recover any of the unpaid wages.  Amanda Cooney and Kathy Gallinger, two of the former Water’s Edge employees who are owed $4,429.10 and $910.98 respectively, feel disillusioned with the Ministry of Labour’s inability to protect Ontario workers.  They initially filed their claims with the Ministry of Labour because they felt that the government would be able to collect their wages owing.  “I now don’t have faith that I will ever see the money because it has been so long,” Gallinger said.

Unfortunately, the five workers’ experiences are not uncommon.  “Enforcement of employment standards is sorely lacking in Ontario.  According to the latest figures from 2001-2006, the Ministry of Labour ordered employers to pay approximately $169 million to Ontario workers.  Out of that $169 million of unpaid wages, the Ministry failed to collect approximately $100 million,” stated John No, an employment law lawyer with the Belleville based Community Advocacy & Legal Centre (CALC).

Sonia Singh of the Workers’ Action Centre in Toronto also expressed concerns about the Ministry of Labour’s enforcement of the Employment Standards Act.  “We often meet workers who filed claims with the Ministry but then never see a cent of their wages owing.  Unfortunately, this means that a lot of employers think that they can get away with breaking basic employment standards.”

Deirdre McDade, a lawyer with CALC, nevertheless stressed the importance of workers filing claims with the Ministry of Labour despite the inadequate enforcement.   “Many workers do recover their wages.  It is also important to file claims in order to let the government be aware of the problems that Ontario workers face.”

Low income workers who qualify for legal aid services can also contact CALC for advice on employment standards, Workplace Safety and Insurance Board matters, and human rights.


Legal Clinic to Host Ukrainian Study Tour

June 2010

Beginning the week of June 21 the Community Advocacy & Legal Centre (CALC) will host a group of Ukrainian community law centre managers who are working to empower the poor in their country. "We are pleased to be hosting this international delegation of non-governmental organizations from across Ukraine," said CALC Executive Director, Michele Leering. "The group wants to learn how we help people with their legal problems – how we provide legal services and advocacy for the poor."

Ukraine has undergone a complicated economic transformation since becoming an independent state and now experiences significant socioeconomic transformation. For the last 3 years the Open Society Institute’s Justice Initiative (OSI) has been working with the International Renaissance Foundation (IRF) to promote legal aid reforms. A new legal aid law is in the works and the Ukrainians hope to create a system for provision of basic legal information and advice for the poor.

Since 2009, the IRF and OSI have supported this initiative aimed at the development of a network of 8 new community legal aid centres in 4 regions of Ukraine (mainly rural areas). The centres will provide local residents with legal information and support, including a range of legal services using a mixed model of lawyers, paralegals, law students, and trained community volunteers. Similar to Ontario's clinics, these centres will also be engaging their communities to create solutions to their own problems by increasing their knowledge of rights, and undertaking systemic advocacy and law reform projects.

Participants will be in the Belleville area from June 23 until June 28 visiting CALC and neighboring community legal clinics in Kingston, Sharbot Lake and Cobourg. "We were delighted that the Open Society Institute asked us to organize this tour for them. Their access to justice work is ground-breaking in many countries and we are glad to be able to help in any way we can," says Michele Leering.

CALC is a non-profit community legal clinic funded by Legal Aid Ontario. The clinic was founded in 1980 and is currently staffed by lawyers, community legal workers, law clerks and other support staff. CALC serves low income residents of Hastings, Prince Edward and Lennox & Addington counties. The main office is in Belleville, with satellite locations in Trenton, Picton, Napanee, Bancroft and Madoc.

For more information on the work of the clinic, please see CALC’s recent newsletter at http://www.communitylegalcentre.ca/news/docs/CALC-Volume_19_Number_1_Jun_2010.pdf

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For further information about the contents of these press releases, please call Michele Leering at

613-966-8686, ext 27 or Toll Free at 1-877-966-8686.

 

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