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What is the WSIB?

• This is an insurance fund, paid into by Ontario businesses, that supports workers who have experienced work-related injuries or illness.
• Workplace injuries include:
  • Accidents (e.g., slip and falls, back injuries, etc.)
  • Long term strains (e.g, injuries that develop over a prolonged period of time including repetitive strain injuries)
  • Psychological conditions (e.g., post-traumatic stress disorder, anxiety disorders, etc. caused by workplace events and/or the nature of the work)
  • Occupational diseases (e.g., exposure to chemicals, unhygienic conditions, or toxic substances that cause serious illness)
  • Hearing loss
• Typically, you cannot sue an employer in Ontario if you are insured by the WSIB. The Workplace Safety and Insurance Act limits the liability of employers in the province. This, however, can become more complicated if workplace injuries are caused by a third party’s negligence (e.g., another employee or a customer). *

What are Key Things to Know About a WSIB Claim?

• There are a range of benefits you may be entitled to through WSIB if you get injured or acquire an illness on the job.
• You can appeal a WSIB decision if you disagree with the decision made by your case manager.
  • First, you can appeal to the WSIB
  • If you are still dissatisfied, you can appeal to the Workplace Safety and Insurance Tribunal (final level of appeal). This tribunal is independent of the WSIB.
• You may be eligible for benefits for both physical and psychological injuries, so long as these injuries are the result of a work related incident. You may also be eligible for benefits if a workplace event resulted in additional trauma to a preexisting injury.
• If you experience a work related injury or illness, make sure to file a claim with WSIB. Your employer may try to convince you to take sick pay instead, but you should always make WSIB claims if you are injured at work

When should I file a report with WSIB?

• First, report your injury to your supervisor as soon as it occurs or at the end of your shift at the very latest.
• You should file a claim as soon as possible. Claims must be filed within six months of the date of the injury/illness OR within six months of you becoming aware of the illness.
• You can file a claim by submitting a Form 6 – a Worker’s Report of Injury/Disease. You can get a copy of this form by calling WSIB or from their website.
• Your employer is also required to submit a report within three days of your injury and is required to provide you with a Form 7 – Employer’s Report of Injury/Disease.

Who makes the final decision on my WSIB claim?

• Usually, a case manager at WSIB will make a decision on your claim.

What are the various benefits I can receive from WSIB?

• Loss of Earnings (LOE) Benefits

• These are the benefits you receive from WSIB if they determine that you lost wages for any time after the day you were injured at work.
• If the date of injury occurred after January 1, 1998, then WSIB pays a maximum of 85% of the difference between the amount you earned before the injury (net) and the amount you earned after the injury.
• Notice that WSIB benefits kick in on the day following the day you were injured. Your employer is responsible for paying for the shift when you acquired the injury.
• You will receive your LOE benefits every two weeks, and your benefit will be reviewed every year until you reach the six-year mark. At the six-year mark, WSIB will review your claim and may make it permanent. Your benefits can still be reviewed after the six-year mark under certain circumstances.
• You will continue to receive this benefit until:
  • You’ve recovered from your work-related injury/illness to a point where you are able to work at the same level as you were able to pre-injury; or
  • You are no longer losing pay; or
  • The day you turn 65 if you were younger than 63 on the day of your injury; or
  • Two years after the day of your injury if you were 63 years or older on the day of your injury.
  • Once you age out of the LOE benefit, you may still be eligible for the loss of retirement income benefit.

• Health Care Benefits

• These are benefits the WSIB provides to those in need of health care because of a workplace-related injury. In order to receive these benefits, the WSIB must approve the benefit first.
  • These WSIB benefits cover treatment required as a result of the workplace injury. The benefit may cover the following:
    • Prescription drugs
    • Psychotherapy
    • Physiotherapy
    • Massage therapy
    • Chiropractic treatment
    • Dental services
  • Keep in mind that WSIB may require you to pay for these treatments up front and receive a reimbursement.

• Loss of Retirement Income

• This benefit will provide you with retirement income you lost as a result of your injury and illness.
  • In order to be eligible for this benefit, you must be under 64 at the time of the injury or illness and have been the recipient of loss of earnings benefits in the last 12 months.
  • You will receive this benefit once you turn 65.

• Non-Economic Loss

• This is a benefit you may be entitled to if your work related injury or illness caused permanent loss (physical, functional or psychological).
  • You will only be entitled to this benefit if you have reached “maximum medical recovery” meaning that your physician has determined that you are unlikely to experience further improvements.
  • In order to receive this benefit, you will need to be assessed by a WSIB approved health care provider.
  • The amount you will be entitled to will be dependent on your age and the extent of the loss.
  • If you backslide after receiving a non-economic loss benefit, you can request a redetermination, which may result in a recalculation of your entitlement. There are risks related to requesting a redetermination, so you should consult a lawyer before making this request.

• Survivor Benefits

• Survivor benefits are available to the spouses or dependents of workers who have experienced a workplace injury or illness.
• Survivor benefits can be used to pay for funeral costs, counselling, and costs associated with workplace reentry.

Can I appeal a WSIB decision?

• Yes. You can appeal a decision by submitting and Intent to Object form. The decision you receive from WSIB will include the submission deadline for the Intent to Object form.
• The deadline to submit an Intent to Object form can be anywhere from 30 days to six months.

Am I eligible to file a claim if my workplace isn’t covered?

• So long as you work in a workplace which is required to have WSIB coverage, you will be entitled to claim worker’s compensation. This applies even if your employer has not registered for WSIB coverage.

How long will it take for me to complete the WSIB claims process?

• The length of the claims process will depend on the severity of your injury. If your injury requires you to be out of work for years, then you will be in contact with a case manager for years.

When can I file a human rights complaint?

• Consider filing a human rights complaint if you believe you have experienced discrimination or harassment in the workplace. This includes discrimination and harassment experienced at the application stage, during job interviews and job ads that are written in a way that discriminates against a community.

What is discrimination?

• "Discrimination" . . . means practices or attitudes that have, whether by design or impact, the effect of limiting an individual's or a group's right to the opportunities generally available because of attributed rather than actual characteristics . . . It is not a question of whether this discrimination is motivated by an intentional desire to obstruct someone's potential, or whether it is the accidental by-product of innocently motivated practices or systems. If the barrier is affecting certain groups in a disproportionately negative way, it is a signal that the practices that lead to this adverse impact may be discriminatory.” (Pg. 2 of the Abella Report).

What are the different types of Discrimination?

• Direct Discrimination:

  • Discrimination on its “face” (i.e., obvious examples of discrimination)
    • Indirect Discrimination/ Adverse Effect:
  • A rule or requirement that is neutral on its face, but that has an adverse effect on a group that is identified (e.g., mandatory hours of work rules may have disproportionate impacts on those with childcare obligations, medical accommodations, etc.)
  • Comes up most often in cases involving disability

• Systemic:

  • Related to adverse effect.
  • Patterns of behaviour, practice or policies that are part of the structure of an organization that has an effect on an equity-seeking group related to a Code-protected ground.

• Harassment

  • Comments or actions based on an enumerated ground.
    • Unwelcome or should be known to be unwelcome.
    • Typically needs to be more than one incident, but one serious incident may be sufficient.

• Poisoned Workplace

  • Very similar to systemic discrimination.
  • Where a workplace is so hostile, toxic, and/or unwelcoming due to the repetitive nature of insulting and degrading attitudes, behaviours, and actions. While one single event or incident may create a poisoned work environment in exceptional circumstances, it is more typically a series of events that creates the poison.
    • Discrimination does not need to be the sole cause of the action complained of (in this case the dismissal) it is enough if race was A FACTOR (doesn’t need to be the only factor) (E.g. Smith v. Mardana ONSC, 2005)
    • Except in very serious cases, stand-alone incidents are not enough. Looking for repeated and persistent behaviour in order to satisfy the poisoned work environment requirement (Crepe it Up) Under-inclusion can be discriminatory

What is harassment?

• The Code defines harassment as “engaging in a course of vexatious [annoying or provoking] comment or conduct which is known or ought reasonably to be known to be unwelcome.”

What is sexual harassment?

• Behaviour that is characterized by the making of unwelcome and inappropriate sexual remarks, conduct or physical advances.

Do I file a human rights application federally or provincially?

• If you believe you have experienced discrimination or harassment in the workplace, first determine whether your employer is federally regulated or a provincial employer. Federal employers include:
  • Federal government departments, agencies and Crown corporations (including the Canadian Forces and the RCMP)
  • Chartered banks
  • Airlines
  • Television and radio stations
  • Interprovincial communications and telephone companies
  • Interprovincial transportation companies
  • First Nations governments and some other First Nations organizations
• If your employer is Federally regulated, you should submit your complaint to the Canadian Human Rights Commission.
• If your employer is regulated by the province of Ontario, you should submit your complaint to the Ontario Human Rights Tribunal.

What is Ontario's Human Rights System comprised of?

The ON Human Rights system is made up of 3 organizations:

• The Ontario Human Rights Commission
  • Develops policies, provides public education, monitors and enforces the code, engages in community outreach, and conducts public inquiries.
  • Considered the “human rights ombudsman” for Ontario (if a complainant can’t take on the issue, they may take the claim for them).
  • HRC intervenes on cases that are considered to be of “general importance”
• The Human Rights Legal Support Centre
  • Provides advice, helps individuals file applications, may provide individuals with representation at a tribunal.
• The Human Rights Tribunal of Ontario
  • Where complaints/applications are filed.
  • Courts have the ability to order anything the Human Rights Tribunal can order.
  • Human Rights Tribunal has the right to order reinstatement or pay in lieu of reinstatement if the working relationship is irreparably harmed.

What are the prohibited grounds of discrimination and protected social areas?

• The Ontario Human Rights Code (Code) recognizes five spaces where individuals cannot be discriminated against.
  • Employment
  • Services, goods and facilities
  • Housing
  • Contracts (including verbal contracts)
  • Membership in vocational associations and trade unions
  • The Code also recognizes 17 prohibited grounds of discrimination (i.e., attributes a person cannot be discriminated against).
  • Age
  • Ancestry
  • Citizenship
  • Colour (race)
  • Creed
  • Disability
  • Ethnic origin
  • Family status
  • Gender expression
  • Gender identity
  • Marital status
  • Place of origin
  • Race
  • Receipt of public assistance (applicable to housing only)
  • Record of offences (applicable to employment only)
  • Sex
  • Sexual orientation

How do I submit a complaint to the Ontario Human Rights Tribunal (HRTO)?

• Once you have determined that the OHRT is the right jurisdiction and that your employer harassed or discriminated against you based on one (or more) of the prohibited grounds, you can file an application with the Human Right Tribunal of Ontario.
• You can file your complaint using a smart form application that is available on the HRTO website. If you apply using the smart form, you can either submit the application to the HRTO via the form by selecting the ‘Submit to HRTO’ button OR you can print the form and email and fax the form using the mailing information available on the form.
• Feel free to reach out to the Human Rights Legal Support Centre if you have any questions about how to submit a complaint with the HRTO.

What kind of questions does the HRTO form ask?

• The form asks you several questions about you, your workplace, the nature of the discrimination or harassment you experienced in the workplace, how the events impacted you, and what you would like as a remedy (monetary and non-monetary compensation).
• While the HRTO application appears very simple, it may be to your benefit to have a lawyer help you draft it. Lawyers who work in the human rights space are very familiar with submitting this form, so they know how to best frame your experience. Consider reviewing the HRTO applicant guide, specifically questions 7 to 23 which details how to respond to the questions laid out in the application.
• Consider contacting the following organizations for help finding a lawyer who can provide pro-bono or low-bono support:
  • Law Society of Ontario – The LSO will connect you with a lawyer who can provide a free 30-minute consultation.
  • JusticeNet - JusticeNet connects people with low to moderate incomes with lawyers who can provide their services at lower fees.
  • Goldblatt Partners LLP - This is a progressive law firm practicing in various areas, including employment law. The lawyers at Goldblatt may be able to provide support you with your human rights claim.
  • Pro Bono Ontario – You can get free 30-minute legal advice.
  • Community Legal Clinics – Provides free legal advice to low-income clients.
  • The Barbara Schlifer Commemorative Clinic – offers legal advice to those who have experienced sexual harassment in the workplace.
  • The Human Rights Legal Support Centre – the centre can help you full out the Form 1 and can support you with a mediation or hearing at the HRTO.

The Form 1 asks me if I would like to use mediation to resolve my application. What does that mean?

• A mediation is a form of a settlement conference and is an alternative method to resolving disputes that does not require a full hearing. There may be many reasons why it is advantageous to proceed with mediation (e.g., it may provide a quicker resolve, it avoids the heavy toll (financial, emotional, and otherwise) of the hearing process, etc). Mediations are only scheduled if both parties agree to resolve the dispute in this way. Someone from the Tribunal will be assigned to your file to facilitate the mediation. If you cannot resolve your dispute through a mediation, a hearing will be scheduled.

Can I bring a human rights cause of action in civil court?

• Yes, if your civil case has a cause of action that is independent of the human rights claim, then you can attach the human rights claim to your civil claim and bring that claim before the civil court.
• The HRTO may dismiss an application where the same legal claim has already been litigated.

Is there a deadline to file an application with the HRTO?

• You must submit your HRTO application within one year of the last discriminatory incident/incident of harassment.

Are there any fees at the HRTO?

• There are no costs associated with filing a claim with the HRTO. Similarly, the HRTO cannot order costs against a party. While there are not fees associated with bringing a complaint to the HRTO, there may be other fees incurred along the way (e.g., hiring legal counsel, retaining an expert if needed)

Can I file a claim with the CHRC if I experienced a human rights violation in a federal prison?

• Yes you can so long as the negative treatment you experienced was due to one of the grounds of discrimination outlined under the Canadian Human Rights Act and it includes a violation of the employment relationship or any other act that violates a person based on a protected ground, you are able to submit a claim for mistreatment you experienced in a federal prison.
• The CHRC may inquire into whether you filed a grievance with Correctional Services of Canada (CSC). If you haven’t, you may be instructed to complete the grievance process before you file a complaint with the CHRC. It is usually a good idea to exhaust the internal grievance process before you go through the CHRC. If you do not go through the grievance process, the CHRC may ask you to explain why they should make a determination on your claim when you haven’t exhausted the internal process.
• This is not to say that there aren’t instances where filing a CHRC claim before or instead of an institutional grievance is not the best course of action (i.e. if the matter is urgent or you are experiencing discrimination or harassment on a regular basis), but it is usually a good idea to start with an internal process.

What are the grounds for discrimination protected under the Canadian Human Rights Act?

• Race
• National or Ethnic Origin
• Colour
• Religion
• Sex
• Sexual Orientation
• Gender Identity or Expression
• Marital Status
• Family Status
• Disability
• Genetic Characteristics
• A conviction for which a pardon has been granted or a record suspended

Who can I file a complaint against?

• federal government departments, agencies and Crown corporations (including the Canadian Forces and the RCMP)
• chartered banks
• Airlines
• television and radio stations
• interprovincial communications and telephone companies
• Interprovincial transportation companies
• First Nations governments and some other First Nations organizations

How do I file a human rights complaint against a federal employer?

• The CHRC is where you file your complaint if you have experienced discrimination under one or more of the grounds prohibited by the Canadian Human Rights Act at the hands of a federally regulated employer.
• The CHRC requires you to use their online complaint process to submit a claim.
• The online complaint form asks you questions about the nature of your complaint, the setting where it occurred, and the ground that applies to your situation.
• Once you complete the online form, you will be prompted to complete a complaint for where you will explain the events surrounding your complaint in more detail. The CHRC specifically asks complainants to described the following:
  • Who discriminated against you (you must give the names of the people involved in the complaint)
  • What happened(you must include dates and describe how you were treated differently because of a prohibited ground)
  • Explain why you believe the prohibited ground is connected to what happened to you

Can I attach additional documents to my complaint?

• You are not permitted to submit additional documents when you file your complaint, but you will be given an opportunity to submit those documents at a later date.
• Can I file a complaint against my union?
• Yes, if you have a federal employer you can file a complaint against the union that represents you if the union is the entity that harmed you.

How much time do I have to file a complaint with the CHRC?

• You must file a complaint with the CHRC within 12 months of the most recent incident (in the event that the act occurred more than once) at the center of the complaint. While the CHRC does make exceptions to this 12 month deadline, it is advised that you submit the complaint within 12 months.

What happens after I have submitted my complaint?

• You will receive a call from a staff person at the CHRC, usually within 20 days of your submission, who will discuss your case with you. A CHRC staff person will also contact the person who you allege harmed you (known as the respondent) to get their side of the story.

How long will this process take?

• This depends on the complexity of the case and the people involved. Some complaints are resolved quickly and others take more time.

Can I call the CHRC if I need support filing my application?

• The CHRC is an impartial body and, therefore, cannot act on your behalf but they can answer questions related to how to file a complaint.
• While you do not need a lawyer to file a complaint, it may be helpful to hire a lawyer for the purposes of ensuring you frame your complaint in the best way. There are no costs associated with filing a complaint with the CHRC. However, there may be fees incurred along the way (e.g., hiring legal counsel, retaining an expert, etc.).

When can I file a claim with the Ontario Ministry of Labour?

• You can file a claim with the Ontario Ministry of Labour if your employer breaches its obligations under
  • The Employment Standards Act (ESA)
  • The Employment Protection for Foreign Nationals Act (EPFNA)
  • The Protecting Child Performers Act (PCPA)

What is the Employment Standards Act (ESA) Ontario?

• The ESA sets minimum standards for employer, with respect to wages, working conditions, termination, leave and severance.

What is the Employment Protection for Foreign Nationals Act (EPFNA)?

• This Act governs foreign nationals who are working or looking for work in the province of Ontario under a foreign temporary employee program or immigration program.

What is the Protecting Child Performers Act (PCPA)?

• This Act governs child performers (under the age of 18) in the entertainment industry (including film, television and live acts).

What is a claim with the Ministry of Labour?

• Employees in Ontario who are covered by the ESA, EPFNA and PCPA can file a Ministry of Labour claim if they believe their employer is not meeting the obligations set by the governing statute.

What are some of the most common kinds of claims made to the Ministry of Labour under the ESA?

• Failure to pay an employee the correct rate of pay
• Failure to pay public holiday pay, vacation pay, overtime pay, etc.
• Failure to pay minimum wage
• Failure to provide payment in lieu of notice (i.e., termination pay)
• Penalizing an employee for taking an entitled leave of absence under the ESA
• Not providing an employee with wage statements or other required documents

When are Employees Ineligible to File a claim with the Ministry of Labour?

• An employee who is represented by a union
• An employee who has filed a claim in a court of law for (1) wage or discrimination in benefit plan claim or (2) a wrongful dismissal action.

How do I file a claim with the Ministry of Labour for an ESA or EPFNA violation?

• If you are unable to resolve your issue with your employer directly you should consider filing your claim with the Ministry of Labour.
• The Ministry of Labour has a claim form you can use to file your claim. This form will prompt you to write out the details of your claim.
• The form may ask you for information that is either inapplicable to your claim or requires you to respond to something you are unsure about. If the question is not applicable, write “not applicable” in the text box. If you do not have the answer to a question, write “unknown” in the text box. The Ministry of Labour will contact you if your application is missing essential information.

How long do I have to file a claim with the Ministry of Labour?

• The Ministry of Labour has a two year limitation period, which is the length of time you have to file your complaint.
• If the complaint concerns wages your employer owes you, you must file a claim with the Ministry of Labour within the two year period following the date your employer should have paid you. This two year period is called the recovery period.
• Because of the COVID-19 pandemic, the Ministry has paused the limitation and recovery periods from March 16th 2020 to September 13, 2020. This means that the time between March 16, 2020 and September 13, 2020 will not count towards the two year limitation and recovery periods.

How do I file a claim with the Ministry of Labour for a PCPA violation?

• Use this form to submit a PCPA claim with the Ministry of Labour.
• The child filing this claim, or the guardian filing on behalf of the child filing this claim, must be covered by a collective agreement in order to be eligible.

How much can a Ministry of Labour employment standards officer order my employer to pay me?

• Claim for unpaid wages
• $10,000 cap for unpaid wage claims (when issued to a single employee) that were supposed to be paid before February 20, 2015.
• Claim for other ESA violations (including an employer violation employee rights to leave of absence)
• There is no cap.

Step 1: Make sure you have the right to be represented by a union.

• There are some exclusions on who has the right to unionize in Ontario. Agricultural workers, domestic workers (i.e., care workers, housekeepers), and independent contractors do not have the right to join a union in Ontario.[1]
• Managers are also not eligible to join a union. However, the exclusion only applies to managers who have managerial duties such as hiring, firing, and supervising. Working managers who do the same work as employees and are “managers” only in job title still have the right to join a union.

Step 2: Talk to trusted coworkers and find out whether others are interested in unionizing.

• Discussions about unionizing must happen outside of work hours — such as on your lunch break, or before and after work.
• You will likely want to limit these discussions to coworkers that you trust, to avoid your employer finding out about your plans for unionization. Your employer is not allowed to penalizing workers for unionizing, but in most cases, it is strategic for workers to stay discreet about plans to unionize.

Step 3: Contact a union and ask to speak with a union organizer.

• The union organizer will speak to you to learn more about the issues you and your coworkers are facing and assess whether their union is the right fit. If it is a good fit, the organizer will coordinate a union organizing campaign in collaboration with a small group of workers from your workplace.
• Which union you choose to contact will likely depend on where you work. There are many unions that represent workers in different sectors in Ontario. Some examples include:
  • UFCW Canada (United Food and Commercial Workers Union) represents workers in warehouses and food processing, retail, restaurants, and hotels, among other workplaces.
  • SEIU Healthcare represents frontline healthcare workers in Ontario—such as PSWs, RPNs, and dietary aides.
  • IATSE represents people working in the theatre, TV, and broadcasting industries.
  • CUPE (Canadian Union of Public Employees) represents healthcare and emergency services workers, education, early learning and childcare workers, municipal and social services workers, transportation workers, and more.
  • PSAC (Public Service Alliance of Canada) represents people working in the federal government, universities, community service agencies, airports, and security, and more.

Step 4: Organize! Have at least 40% of your coworkers sign union membership cards.

• The union organizer will help coordinate a campaign to get membership cards signed by your coworkers. Card-signing, and other discussions about the union, must happen outside of work hours — such as on your lunch break, or before and after work.
• Your employer cannot intimidate, penalize, or fire you for considering joining a union or for signing a membership card. Union organizers are experienced with getting workplaces unionized and can help you and your coworkers assert your right to joining a union.
• Once over 40% of workers have signed cards, the union can apply to the Ontario Labour Relations Board (OLRB) for a vote to determine whether workers would like to be represented by the union. The union organizer and the OLRB will never notify your employer of who signed cards. This information is kept confidential.

Step 5: Vote! Certification at the Ontario Labour Relations Board

• Shortly after the union files their application, the OLRB will hold a secret ballot vote at your workplace. If the majority of workers vote in favor of the union, then the union will be certified.
• That means that moving forward, the union is the workers’ official bargaining agent and will represent workers on any workplace issues. Once a union is certified, the employer must communicate with the union instead of with workers directly to discuss issues such as working conditions.

Step 6: You’re unionized — what’s next? Negotiating a Collective Agreement

• Once the union has been certified, representatives from the union will negotiate a collective agreement with your employer, on the workers’ behalf. Union members from your workplace will make up part of the bargaining committee.
• The collective agreement is a contract between the union and the employer that details your wages, benefits, and working conditions.
• The above guide was adapted from the following sources:
• Steps to Justice: Do I have the right to be represented by a union?
  • CUPE: Ontario: 5 Steps to local certification
  • UFCW: How to join a union in Ontario
  • PSAC: Joining PSAC – Frequently Asked Questions
  • AMAPCEO: Unionize with Ontario’s Professional Employees’ Union