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Using tickets in employment standards inspections: Deterrence as effective enforcement in Ontario, Canada?

Author

Listed:
  • Rebecca Casey

    (York University, Canada)

  • Eric Tucker

    (Osgoode Hall Law School, Canada)

  • Leah F Vosko

    (York University, Canada)

  • Andrea M Noack

    (Ryerson University, Canada)

Abstract

It is widely agreed that there is a crisis in labour/employment standards enforcement. A key issue is the role of deterrence measures that penalise violations. Employment standards enforcement in Ontario, like in most jurisdictions, is based mainly on a compliance framework promoting voluntary resolution of complaints and, if that fails, ordering restitution. Deterrence measures that penalise violations are rarely invoked. However, the Ontario government has recently increased the role of proactive inspections and tickets, a low-level deterrence measure which imposes fines of CAD295 plus victim surcharges. In examining the effectiveness of the use of tickets in inspections, we begin by looking at this development in the broader context of employment standards enforcement and its historical trajectory. Then, using administrative data from the Ministry of Labour, we examine when and why tickets are issued in the course of workplace inspections. After demonstrating that even when ticketable violations are detected, tickets are issued only rarely, we explore factors associated with an increased likelihood of an inspector issuing a ticket. Finally, we consider how the overall deterrent effect of workplace inspections is influenced by the use or non-use of deterrence tools. JEL Codes: J88

Suggested Citation

  • Rebecca Casey & Eric Tucker & Leah F Vosko & Andrea M Noack, 2018. "Using tickets in employment standards inspections: Deterrence as effective enforcement in Ontario, Canada?," The Economic and Labour Relations Review, , vol. 29(2), pages 228-249, June.
    • Handle: RePEc:sae:ecolab:v:29:y:2018:i:2:p:228-249
    DOI: 10.1177/1035304618769772
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    References listed on IDEAS

    as
    1. David WEIL, 2008. "A strategic approach to labour inspection," International Labour Review, International Labour Organization, vol. 147(4), pages 349-375, December.
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    Cited by:

    1. Mark D Easton & Andrea M Noack & Leah F Vosko, 2021. "Are franchisees more prone to employment standards violations than other businesses? Evidence from Ontario, Canada," The Economic and Labour Relations Review, , vol. 32(1), pages 39-64, March.

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    More about this item

    Keywords

    Canada; compliance; deterrence; employment standards; labour standards; Ontario; tickets; violations;
    All these keywords.

    JEL classification:

    • J88 - Labor and Demographic Economics - - Labor Standards - - - Public Policy

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