Carrying Little Sticks: Is There a ‘Deterrence Gap’ in Employment Standards Enforcement in Ontario, Canada?

Authors

Eric Tucker, Osgoode Hall Law School of York UniversityFollow
Leah F. Vosko, York University
Rebecca Casey, York University
Mark P. Thomas, York University
John Grundy, York University
Andrea M. Noack, Ryerson University

Document Type

Article

Publication Date

2019

Source Publication

International Journal of Comparative Labour Law 35, no. 1 (2019): 1–30

Keywords

Workers' Rights; Public Policy; Labor Law

Abstract

This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there is a deterrence gap in Ontario.

Comments

Reprinted from International Journal of Comparative Labour Law, volume 35, issue 1, 2019, pages 1-30, with permission of Kluwer Law International.

Repository Citation

Tucker, Eric; Vosko, Leah F.; Casey, Rebecca; Thomas, Mark P.; Grundy, John; and Noack, Andrea M., "Carrying Little Sticks: Is There a ‘Deterrence Gap’ in Employment Standards Enforcement in Ontario, Canada?" (2019). Articles & Book Chapters. 2699.
https://digitalcommons.osgoode.yorku.ca/scholarly_works/2699