What can I do if I have a hearing or consultation at the Labour Board?

1. Gather your evidence

Evidence is information or documents that prove what happened. At your consultation or hearing, it's important to have evidence that proves what happened.

Documents

Keep track of any documents that could help you prove what happened and keep them in a safe place. Documents can be pictures, written documents, tape recordings, digital documents, video, or anything else that has recorded evidence.

Here are some of the documents you might need:

  • pay stubs
  • a decision made by a Ministry of Labour inspector, if you have one
  • letters from your employer, including any disciplinary letters
  • your employment contract
  • notes from meetings or conversations with other people at work
  • written instructions your employer gave you
  • safety materials your employer gave you, for example, a copy of your workplace health and safety policy
  • pictures of unsafe equipment, machines, or workplaces

Make a few copies of your documents. You need a copy for yourself and you might need to give a copy to others, like your employer, an inspector, or the Vice-Chair. Bring copies to your consultation or hearing.

At least 10 business days before your hearing or consultation, you must send the Ontario Labour Relations Board and your employer a copy of any documents you want to use as evidence in your hearing.

Witnesses

Witnesses are people who come to the hearing and tell what they know about what happened. Witnesses must promise to tell the truth at the hearing.

If there is someone besides you and your employer who you want to be a witness, you can ask them to come. If they do not agree, you can ask the Board to issue a summons. A summons is a document that tells a witness that they must come to the hearing.

Ask for a summons for each witness you want to attend the hearing. You can also ask a witness to bring documents with them to the hearing.

If you need a summons, you should ask the Board for it as soon as you can. You have to give the summons to the witness in person. And you might have to pay for the witness to come to the hearing. If you do, you will have to pay the witness at the time you give them the summons.

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