As a Paralegal, I would like to express my most welcome to an eliminated $10,000 cap and an extended time limit of 2 years for the recovery of unpaid wages due on or after February 20, 2015 with respect to recent amendments under the Employment Standard Act, 2000.
In the past, I have seen a lot of claims for unpaid wages with strong evidence, but I cannot help because the 6-month time limit for the recovery of unpaid wages has already passed. These recent changes can facilitate more successful claims with merits, resulted from the time limit extended to the current 2 years (rather than 6 months).
The benefits of these recent changes in the recovery of unpaid wages are discussed as follows:
Faster Claims Process
With $10,000 cap eliminated for the recovery of unpaid wages (including vacation pay, termination pay and severance pay), most claims can be submitted to the Ministry of Labour directly. In the past, a claim has to be submitted to Small Claims, when the monetary limit of a claim exceeds $10,000 but equal or less than $25,000. In general, it will take longer for Small Claims to process most cases, compared to the Ministry of Labour.
Better Protection Coverage
An extended time limit of 2 years for the recovery of unpaid wages not only protects the rights of vulnerable workers, but also protects the rights of newcomers as well. In my opinion, the 6-month time limit is considered as short that an average person can easily miss this deadline. For those who are not highly educated, whose mother tongue are not in English, or who newly immigrated to Canada, the 6-month time limit can be easily missed. Hence, the change of extended time limit can have better coverage for protecting these groups.
More Successful Claims
A time limit for the recovery of unpaid wages under ESA, which increased from six months to the current 2 years, can lead to positive outcome for possible claims in the future. Now, employees can ensure a better chance of filing a claim within the time limit, resulting in more successful claims with merits.
In Conclusion, the above-mentioned reasons for recent changes can be beneficial to vulnerable workers and employees with respect to the recovery of unpaid wages due on or after February 20, 2015.
More information can be referred to
i) http://www.labour.gov.on.ca/english/es/pubs/guide/esclaim.php &
Due to the recent changes under ESA, my article "Is your Termination Package reasonable for your layoff", which was published on January 17, 2015 in my company blog, is updated accordingly as of today.
Disclaimer: This information is not intended to be construed as a legal advice, but strictly for information only in this entire website. Please contact Trustworthy Legal Service for your independent legal advice in your particular situation. The first consultation is also required prior to my retainer of your case.
Follow on Facebook, Twitter, Google+ and LinkedIn!
Like or/and share this post if you find it useful!