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Suing

In Ontario, you may sue with the Ministry of Labour, Immigration, Training and Skills Development if you believe the Employment Standards Act (ESA), Employment Protection for Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being broken.

If you’ve lost your job, please see Employment Ontario to learn how they can assist you get training, develop abilities or find a brand-new task.

Suing

You can submit a claim online for any issues associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can also sue online for issues relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when submitting an employment requirements claim

If you have currently begun a claim

If you have already started or submitted a claim through the claimant portal, you can:

– check in to continue your claim

– inspect the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have previously registered for the claimant portal using a ONe-Key account, please select the sign-in/ develop account button and create a My Ontario account using the very same e-mail address that was used when you enrolled in the claimant portal. If you do not utilize the very same email address, you will not be able to see any of your formerly sent claims. If you require support, please call the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an introduction of the portal functions, including how to sign-up and utilize the portal.

Internet web browser requirements

To submit a claim online utilizing e-claim or to access the claimant portal you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other web browsers might work, however they are not supported by the e-claim or claimant website.

PDF claim types

You can likewise file an ESA or EPFNA claim utilizing the PDF claim type.

Submit your claim by:

– fax to 1-888-252-4684 or

mail to:

Provincial Claims Centre
Ministry of Labour, Immigration, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

Most employees operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some employees who are covered by the ESA have special guidelines and/or exemptions that might use to them.

A claim may be made when you think your company has actually breached your rights under the ESA.

Examples of ESA violations consist of:

– Failure to pay an employee the correct rate of pay and/or public vacation pay, holiday pay or other salaries they are entitled to under the ESA.

– Not supplying an employee with time off for an entitled leave of absence under the ESA or punishing an employee for taking such a leave.

– Not offering a worker with wage statements or other needed documents.

To find out more, go to Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

The ESA is not the only law that applies to Ontario offices. The guidelines under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– collective arrangement

– the typical law

– other legislation

If you have concerns about your entitlements, you may want to call a legal representative.

Time limits for filing an ESA claim

There are time limitations that apply to filing an ESA claim. Generally, you must file a claim within two years of the supposed ESA violation. If you file a claim within the two-year limitation an employment requirements officer will investigate the claim.

Similarly, if your company owes you earnings, the wages need to have been owed to you in the two years before your claim was declared the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim might be made when you believe your company or a recruiter has actually breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign short-lived staff member program. For instance, if you are working or searching for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA offenses consist of:

– a recruiter charging you any costs

– a company charging you for employment working with costs (with restricted exceptions).

– an employer or company holding onto your residential or commercial property (such as a passport).

– an employer or company punishing you for asking about or exercising your EPFNA rights.

Foreign nationals used in Ontario also have rights under the ESA. For instance, employment if you are not being paid all salaries owed, you might have the ability to submit a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work requirements officer can usually release an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies certain office defenses to child entertainers who are under 18 years of age working in the live and documented show business.

It includes minimum rights with regard to hours of work, breaks and payment of travel expenses.

The PCPA applies to:

– kid performers.

– their moms and dads.

– their guardians.

– companies.

Sections are imposed by the Health and Safety Program or the Employment Standards Program.

Find out more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace defenses have not been provided to a kid performer in Ontario. Filing a claim is totally free.

To sue, you should be either:

– a child performer under 18 years of age.

– the moms and dad or guardian of a kid entertainer under 18 years of age.

The kid entertainer must not be covered by a cumulative contract.

To sue:

Download the claim form from the types repository and wait to your computer.

1. Open the type with Adobe Reader (download Adobe Reader for totally free).

2. Fill in the form with all the required information.

3. Select the “submit by e-mail” button within the type to submit your claim.

Please just submit your claim as soon as.

After you submit a claim:

– You will receive an e-mail confirmation that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as quickly as possible.

Time limits to submitting a PCPA claim

Generally, a PCPA claim should be filed within two years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action versus your company for the exact same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your sent claim within two weeks after it is filed.

This claim kind is not meant for you if:

– you work in an industry that falls under federal jurisdiction.

– you want to submit a complaint about occupational health and wellness.

– you want to file a human rights problem under the Human Rights Code.

– you wish to sue with the Workplace Safety and Insurance Board (WSIB).

What to anticipate after you file a claim

Claims are examined in the order that they are gotten. The quantity of time it takes for a claim to be designated varies, depending on numerous elements, consisting of the quantity of incoming claims. Anyone who submits a work standards claim gets a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for investigation.

The claims examination procedure can take a number of months. For the most part, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be designated to an employment standards (ESO). The ESO completes the examination, provides a written choice and takes enforcement action if needed.

To prevent hold-ups with processing your claim, employment please guarantee all information is appropriate and supporting files are submitted. If you are sending a complaint, you should sign up for the claimant website so you can visit to see where your complaint remains in the procedure.