EmploymentFixed feeOntario Labour Relations Board and workplace safety

Ontario Labour Relations Board hearing (ESA review)

Representing employer or employee at the OLRB on an ESA order review.

Applications to the Ontario Labour Relations Board have short deadlines, such as 30 days to apply to review an Employment Standards order, so contact the firm as soon as possible. Ontario Licensed paralegal firm (LSO P21785)

What is included

  • Reviewing what happened, such as a safety concern, a work refusal, a reprisal or an Employment Standards order
  • Explaining the process at the Ontario Labour Relations Board or with the Ministry of Labour
  • Drafting the application, complaint or response
  • Organizing documents and witness information
  • Representing you at the Board, where your service includes it

What is not included

  • Court claims over the $50,000 Small Claims Court limit, which a lawyer must handle
  • Court or tribunal fees and other disbursements
  • Hearings, reviews or appeals beyond the step described
  • Union grievances, which usually go through the union under the collective agreement

Who this service is for

  • Employees owed wages, overtime, vacation pay or termination pay
  • Employees who were dismissed or think they were constructively dismissed
  • Employees offered a severance package or a new contract
  • Small employers who want to follow Ontario's employment rules

Information to have ready

  1. 1Any order, decision or letter you received
  2. 2Discipline or termination letters
  3. 3Records of safety concerns you raised and when
  4. 4Names of witnesses and relevant emails

Frequently asked questions

How much does it cost?

The fee is $1,250 plus 13% HST ($1,412.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.

What happens when I check out?

You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.

What is a reprisal under the Occupational Health and Safety Act?

An employer may not punish, discipline or dismiss a worker for following the Act or seeking its enforcement, such as raising a safety concern or refusing unsafe work in the way the Act allows.

Does the Board try to settle cases?

The Board often offers a labour relations officer to help the parties settle before a hearing.

General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.

Important limitations

  • No outcome can be guaranteed; the decision-maker decides
  • Small Claims Court can award at most $50,000
  • Deadlines, often two years, must be met
  • Court claims over the $50,000 Small Claims Court limit and any other employment work outside a licensed paralegal's scope are referred to an Ontario lawyer.
Law Society of Ontario — Barreau de l'Ontario
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