A recent case out of Pembroke, Ontario is a reminder to all employers of the importance of cooperation and honesty when subject to a Ministry of Labour investigation – otherwise suffer the consequences!

In 2023, an employment standards officer was investigating a complaint made by a Boston Pizza employee in Pembroke in relation to their entitlements under the Ontario Employment Standards Act, 2000 (“ESA”).

During the course of the investigation, the restaurant’s manager stated that the employee was not entitled to termination pay because they were terminated for cause/wilful misconduct. As a result, the officer requested they produce records to substantiate their position, and the restaurant manager provided records to the officer which included complaint forms from customers and a co-worker about the employee.

The officer continued to make inquiries and determined the documents were fake – the customers and the coworker had not made any complaint.

Providing false or misleading information to an employment standards officer is a violation of the ESA, which is also an offence under section 132 of the Provincial Offences Act (“Act”).

Following a guilty plea in March 2026, the restaurant manager was fined $15,000. The court also imposed a 25% victim fine surcharge required by the Act. The surcharge is credited to a special provincial government fund to assist victims of crime.

As a reminder…
An employer or other person who is believed to have committed an offence under the ESA can be prosecuted under the Act. It is an offence for an employer or other person to:

  • contravene the ESA or regulations
  • make or keep false records or other documents that must be kept under the ESA
  • provide false or misleading information under the ESA
  • fail to comply with an order, direction or other requirement under the ESA or regulations

If convicted, the employer or other person could be subject to a fine or a term of imprisonment or both. Individuals, if convicted of an offence, can be fined up to $100,000, imprisoned for up to 12 months, or both.

A corporation can be fined up to $100,000 for a first conviction. If the corporation has already been convicted of an offence under the ESA, it can be fined up to $250,000 for a second conviction. For a third or subsequent conviction, the corporation can be fined up to $500,000.

If an Officer arrives to conduct a proactive inspection or if a complaint has been filed against you – take it seriously! And as always, contact e2r® for advice and support.