A claim was filed with the Ontario Ministry of Labour for wrongful dismissal. The ministry ruled in favor of the employee and now the employer is appealing the decision. A mediation meeting has been scheduled. If there is no agreement, there will be a hearing. Can the person file a lawsuit against the employer instead instead of going through the Labour Board hearing?

It is likely too late in this case for the employee to file a lawsuit against the employer now that the Ministry of Labour has rendered a decision. Once a Ministry of Labour complaint is filed an employee generally only has two (2) weeks from the date the claim is filed to withdraw the claim should he or she wish to pursue a court action instead. In some cases this timeline can be extended based on how far along the matter has moved through the Ministry of Labour, but in this case since a decision was rendered it is unlikely the employee would be able to pursue a court action.