UTGB Vol 5.pdf - Robson Hall Faculty of Law

other important matters relating to enforcement and compliance in Manitoba.
However, we do know that in the federal sector, compliance with employment
standards legislation was found to be only 25%, 94 and it is safe to assume that
the situation is likely as bad or worse in Manitoba in light of the relatively weak
enforcement and compliance mechanisms relative to other jurisdictions. The
Discussion Guide candidly admits that "there are no significant deterrents to
violating the legislation."
It is trite to say that rights without remedies are meaningless, yet the sad reality
is that for many Manitoba workers, the current Employment Standards Code is
not worth the paper on which it is written. The following are just some of the
measures that should be adopted to promote compliance: 95
• The immediate infusion of more resources to hire inspectors and other
staff to respond promptly to complaints and to do compliance
inspections, audits and spot checks of workplaces;
• The immediate infusion of resources to fund community based advocacy
groups to assist employees with complaints;
• Provisions requiring the mandatory posting of a plain language version
of key employment standards provisions in all workplaces;
• Provisions for comprehensive audits of employers that are the subject of
repeated complaints;
• Provisions for detailed compliance orders to be issued without delay
after inspections;
• Provisions requiring targeted inspections of identified "high risk" sectors
where vulnerable workers are predominant;
• Provisions for complaining employees to remain anonymous;
• Provisions for strong protection against reprisals for employees;
• In addition to the current provisions for payment of monies owed to
employees, provisions for escalating fines (made payable through
issuance of an administrative ticket) to reflect the seriousness of the
violation(s) and punish repeat violators; and
94
Human Resources Development Canada, Evaluation of Federal Labour Standards (Phase I)
Final Report (1997) at 41, cited in Workers Action Centre Employment Scandards Work
Group, Modernizing Part III of the Canada Labour Code: Submissions to the Federal Labour
Standards Review (2005), online: Government of Canada Federal Labour Standards Review
at 6.
95
For these and other recommendations, see Workers Action Centre Employment Standards
Work Group, ibid. at 8-18 and Income Security Advocacy Group, Submission to the Federal
Labour Standards Review Commission (2005) online: Government of Canada Federal Labour
Standards Review at 8. All written
submissions to the FLSR are available at .