Toronto Employment Lawyers Representing Employers & Employees at the Ontario Labour Relations Board
The Ontario Labour Relations Board (OLRB) is a specialized tribunal that plays a key role in labour relations in the province. The OLRB has jurisdiction over several key workplace issues, including major disputes that arise between employers and unions in unionized workplaces, disputes that arise over health and safety in the workplace, and disputes that arise over certain employment standards.
If you are involved in a matter that will be adjudicated by the OLRB instead of in court, it is imperative to consult with a labour & employment lawyer who has both in-depth knowledge of this specialized decision-making body, and significant experience representing clients in disputes before it. The OLRB has specialized rules of procedure as well as other unique elements that make it significantly different than courts and other tribunals.
At Mallins Law, our knowledgeable team of Toronto labour & employment lawyers have been representing clients at the OLRB for many years. We are dedicated practitioners of labour and employment law. Helping employers & employees is all that we do, and we do it well. We rely on our focused knowledge of labour relations and employment law and our many years of advocacy experience before administrative tribunals and various levels of court to provide unparalleled representation to clients at the OLRB.
Proactive, Forward-Thinking Advice for Employers
At Mallins Law, we pride ourselves on our proactive and preventative approach to workplace relations.
We provide ongoing risk management guidance to our employer clients so that they can stay ahead of any potential problems or issues. We work with each of our clients to understand their business and the unique workplace dynamics that exist within that business. We can help you ensure you have measures in place to foster a safe workplace and to create a shield against potential problems.
How Mallins Law Can Help
The knowledgeable lawyers at Mallins Law represent employers and employees at all types of OLRB proceedings.
Labour Relations Issues at the OLRB
The most commonly litigated issues at the OLRB are those that arise between employers and unions. These can involve a union attempting to unionize a workplace, an already certified union alleging that an employer engaged in an unfair labour practice, or a wide range of other issues.Employers should contact a lawyer as soon as possible if they suspect a union presence at the workplace.
At Mallins Law in Toronto, we represent unionized employers in the litigation of disputes that can arise with unions, including:
- Certification of trade unions;
- De-certification of bargaining rights/termination of bargaining rights;
- Status of an employer (where there is a sale of business); and
- Unfair labour practices;
- Duty of fair representation complaints (as intervenors);
- Other issues arising under the Labour Relations Act.
Occupational Health and Safety Issues at the OLRB
The Occupational Health and Safety Act (OHSA) sets out minimum health and safety standards for workers in Ontario.
Section 50 of the OHSA stipulates that an employee cannot be dismissed, suspended, disciplined, threatened, or otherwise penalized because that employee has, among other things, followed the OHSA, has asked the employer to follow the OHSA, exercised their rights under OHSA (including the right to refuse unsafe work), or provided information to a Ministry of Labour Inspector.
An employee who believes that they have been penalized for following the OHSA can file an unlawful reprisal application with the OLRB.
At Mallins Law we represent employers and employees in hearings involving:
- Allegations of reprisal for exercising rights under the Occupational Health and Safety Act;
- Appeals of orders made by a Ministry of Labour Inspector.
Employment Standards Act Issues at the OLRB
The Ministry of Labour’s Employment Standards Officers can conduct proactive inspections of an employer’s payroll and other relevant records and can review that employer’s employment practices. They have the power to visit the employer’s physical location to conduct the inspection, at which time the employer must provide them with all relevant records requested. Always retain legal counsel before inspections or upon receipt of allegations of reprisal.
Employment Standards Officers have the power to penalize the employer based on findings made during their investigation. Consequences for the employer include:
- An order to pay unpaid wages;
- An order to compensate an employee;
- An order to reinstate an employee;
- A ticket;
- A notice of contravention; or
Employers and employees can apply to the OLRB for a review of a decision made by an Employment Standards Officer under the Employment Standards Act (ESA).
At Mallins Law, our knowledgeable employment lawyers represent employers and employees in review of orders of Employment Standards Officer’s orders in unpaid wages and other disputes.
Contact Mallins Law in Toronto for Legal Representation at OLRB Proceedings
If you are an employer or employee involved in litigation at the Ontario Labour Relations Board, contact one of the experienced employment lawyers at Mallins Law in Toronto. We represent unionized and non-unionized employers of all sizes and across all industries. We also represent non-unionized employees in certain matters before the Board. Our ultimate goal is to build and foster strong, long-term relationships with our clients and to become their trusted resource for all matters related to the workplace. Reach out to us online or at 647-792-0310 to schedule a consultation.