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ESA Claims and Court Actions

April 16, 2003
by Israel Foulon LLP

Question: In Ontario can an employee bring a claim under the Employment Standards Act, 2000, in addition to starting an action for damages for wrongful dismissal?

Answer: No, under the Employment Standards Act, 2000, an employee cannot sue an employer for wrongful dismissal and also maintain a claim for termination or severance pay pursuant to the act.

The act provides that an employee may start a civil action after starting an employment standards complaint only if the complaint is withdrawn within two weeks after having been filed.

After this two-week period, the employee should be confined to his ESA claim and should no longer be permitted to start or continue a civil action for wrongful dismissal (subject only to a court’s inherent jurisdiction to do justice in any particular case.

For more information see:

  • Scarlett v. Wolfe Transmission Limited, 2002 CarswellOnt 3917 (O.S.C.)

Peter Israel is the senior partner in the Toronto law firm of Israel Foulon LLP – Employment and Labour Lawyers. He can be reached at 416-640-1550 or pi@israelfoulon.com. A version of this article originally appeared in the Carswell publication, Canadian Employment Law Today


Legal Disclaimer

This article is for informational purposes only and is not intended to provide legal advice, which in all circumstances must be tailored to the specific facts of any problem. You should obtain a proper legal consultation in order to determine how this article applies to your specific situation. Please feel free to contact Israel Foulon LLP to learn more at 416-640-1550.