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Article
Carrying Little Sticks: Is There a ‘Deterrence Gap’ in Employment Standards Enforcement in Ontario, Canada?
International Journal of Comparative Labour Law 35, no. 1 (2019): 1–30
  • Eric Tucker, Osgoode Hall Law School of York University
  • 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
1-1-2019
Keywords
  • Workers' Rights,
  • Public Policy,
  • Labor Law
Disciplines
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.

Citation Information
Eric Tucker, Leah F. Vosko, Rebecca Casey, Mark P. Thomas, et al.. "Carrying Little Sticks: Is There a ‘Deterrence Gap’ in Employment Standards Enforcement in Ontario, Canada?" International Journal of Comparative Labour Law 35, no. 1 (2019): 1–30 (2019)
Available at: http://works.bepress.com/ericm_tucker/155/