Under the Ontario Employment Standards Act (ESA), a temporary help agency cannot force you to accept an assignment or cross a picket line at a client company where a strike or lockout is occurring. You have the absolute right to refuse, and the agency cannot legally fire or punish you for doing so.
Working for a Temporary Help Agency (THA) in Ontario comes with unique challenges. You are legally employed by the agency, but you spend your days following the rules of a separate client company. This “dual-employer” dynamic becomes incredibly stressful when the client company’s regular, unionized workforce goes on strike. Suddenly, there is a loud picket line outside the factory gates, and your agency expects you to walk right through it to keep the client’s business running.
Whether you are assigned to an automotive plant in Oshawa, a logistics hub in Mississauga, or a manufacturing facility in Windsor, being used as “scab” labour puts you in an uncomfortable and potentially unsafe position. 📈 The Ontario government recognizes the vulnerability of assignment employees. The Employment Standards Act (ESA) grants temporary workers specific protections during labour disputes to ensure they are not used as pawns to break a strike. If your agency is threatening to cut your shifts or terminate your contract because you refuse to cross a picket line, securing immediate guidance from an employment lawyer in our directory is vital to protect your job.
Step-by-Step Guide to Refusing Work During a Client Strike
The law is firmly on your side, but you must assert your rights clearly and professionally. You cannot simply stop showing up to work without communicating. Here is the proper way to exercise your ESA rights when a strike breaks out at your assignment.
Step 1: Identify the Strike or Lockout
First, confirm that a legal strike or employer lockout is actually taking place. 🔍 A minor protest or an unapproved wildcat walkout might not trigger the same protections. Usually, if there is a formalized union picket line outside the client company’s gates, a legal labour dispute is underway. You are not required to physically interact with the picketers or attempt to drive through them.
Step 2: Notify Your Temp Agency Immediately
Do not call the client company’s shift supervisor; you must contact your actual employer-the Temporary Help Agency. Call or email your agency recruiter immediately. State clearly that you have arrived at the client site, observed a strike/lockout, and that you are exercising your right under the ESA to refuse the assignment during the labour dispute.
Step 3: Cite Your ESA Protections (Part XVIII.1)
Make sure your refusal is documented in writing. 📝 Send an email to the agency stating: “As per Part XVIII.1 of the Ontario Employment Standards Act, I am refusing to perform work at [Client Name] due to the ongoing strike/lockout. I am requesting a reassignment to a different, safe location.” Using the correct legal terminology puts the agency on notice that you know your rights.
Step 4: Request Alternative Work
Refusing to cross a picket line does not mean you are quitting your job with the agency. 💼 You are simply refusing that specific, struck assignment. Tell your agency that you are ready, willing, and able to work, and ask them to place you on a new assignment at a different client company that is not experiencing a labour dispute.
Step 5: Document Reprisals and File a Claim
If the agency responds by firing you, suspending you, cutting your pay rate, or aggressively dropping you to the bottom of the call list, they are committing an illegal “reprisal.” You must save all text messages, voicemails, and emails proving this retaliation. Your lawyer can then help you file an urgent complaint with the Ministry of Labour (MLITSD) or sue for wrongful dismissal.
How Much Can an Illegal Reprisal Cost the Employer?
Temporary agencies operate on thin margins, and violating the ESA can be financially disastrous for them. 💲 If an agency illegally punishes you for refusing to cross a picket line, you have several avenues to seek compensation. Here is a breakdown of potential costs in CAD:
| Action / Consequence | Estimated Cost (CAD) | Details |
|---|---|---|
| Filing a Ministry Complaint | $0 | Filing an ESA reprisal complaint with the MLITSD is completely free for workers. |
| Lawyer Consultation | $300 – $500 | To review your agency contract and text messages to confirm the illegal reprisal. |
| ESA Reprisal Damages | $5,000 – $20,000+ | The Ministry can order the agency to pay you for lost wages and emotional distress. |
| Wrongful Dismissal Lawsuit | Varies | If fired, you can sue for common law severance depending on your length of service. |
How Long Does the Process Take?
Your right to refuse is instantaneous. The moment you see the picket line and email your agency, you are legally protected from that minute onward. However, getting reassigned depends entirely on how many other clients the agency has; it could take a few days to a few weeks to get a new placement.
If the agency illegally fires you and you file a reprisal claim with the Ministry of Labour, investigations are notoriously slow. An Employment Standards Officer may take anywhere from 6 to 12 months to investigate the agency, issue an order, and compel them to pay you your lost wages.
Frequently Asked Questions (FAQ)
What if I already started the assignment before the strike began?
The protection still applies. Even if you have been working at the client company for three months, the moment a legal strike or lockout begins, you have the right to immediately refuse to continue the assignment without penalty from your agency.
Will I still get paid while I refuse the struck assignment?
No. While the agency cannot fire you or discipline you, they are not legally required to pay you for the hours you sit at home refusing the assignment. You will only get paid once they find you a new, alternative assignment at a different company.
Can I choose to cross the picket line and work anyway?
Yes. The ESA gives you the right to refuse, but it does not forbid you from working. If you feel safe and want the hours, you can choose to cross the picket line and continue working for the client company, though you may face heavy verbal criticism from the striking union members.
Can the client company ban me from returning after the strike?
Under the ESA, the protection against reprisal mainly applies to your direct employer (the temp agency). However, the client company is legally viewed as a “joint employer” in many contexts. If the client bans you specifically for exercising your ESA rights, both the client and the agency could face Ministry action.
Does this apply if I am an independent contractor?
No. These specific Temporary Help Agency protections under Part XVIII.1 of the ESA apply only to “assignment employees.” True independent contractors do not have these exact statutory protections, though forcing a contractor through an unsafe picket line could violate the Occupational Health and Safety Act.
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