Suing

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

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

Suing

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

File a claim

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

File a PCPA claim

Watch the filing a claim video to understand what to expect when filing an employment standards declare

If you have actually already begun a claim

If you have currently begun or filed a claim through the claimant website, you can:

– check in to continue your claim

– check the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and create a My Ontario account utilizing the exact same e-mail address that was used when you enrolled in the claimant website. If you do not use the same e-mail address, you will not be able to see any of your previously submitted claims. If you need assistance, please get in touch with the Employment Standards Information Centre.

Sign-in/ create account

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

Internet web browser requirements

To submit a claim online using e-claim or to access the claimant website you must utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other internet browsers may work, but they are not supported by the e-claim or claimant portal.

PDF claim forms

You can also file an ESA or EPFNA claim using 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 claims

Most employees working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that may apply to them.

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

Examples of ESA infractions include:

– Failure to pay a staff member the correct rate of pay and/or public vacation pay, holiday pay or other wages they are entitled to under the ESA.

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

– Not offering a staff member with wage declarations or other required documents.

For additional information, check out Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

The ESA is not the only law that applies to Ontario work environments. The rules under the ESA are minimum requirements. You might have higher rights under:

– an employment agreement

– cumulative arrangement

– the typical law

– other legislation

If you have concerns about your privileges, you might wish to call a lawyer.

Time limits for filing an ESA claim

There are time frame that use to filing an ESA claim. Generally, you need to sue within 2 years of the alleged ESA infraction. If you file a claim within the two-year limitation a work standards officer will examine the claim.

Similarly, if your employer owes you incomes, the earnings should have been owed to you in the 2 years before your claim was applied for the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

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

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or foreign short-lived worker program. For instance, employment if you are working or searching for work 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 fees

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

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

– a recruiter or company punishing you for inquiring about or employment exercising your EPFNA rights.

Foreign nationals employed in Ontario likewise have rights under the ESA. For example, if you are not being paid all salaries owed, employment you may have the ability to file a claim under the ESA.

Time limits for submitting an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, a work requirements officer can usually an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers certain work environment protections to child entertainers who are under 18 years of age working in the live and documented entertainment markets.

It consists of minimum rights with respect to hours of work, breaks and payment of travel costs.

The PCPA uses to:

– kid performers.

– their moms and dads.

– their guardians.

– employers.

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

Learn more about the rights of child entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace defenses have not been provided to a child entertainer in Ontario. Suing is totally free.

To file a claim, you must be either:

– a kid entertainer under 18 years of age.

– the parent or guardian of a kid entertainer under 18 years of age.

The kid performer must not be covered by a cumulative agreement.

To file a claim:

Download the claim form from the forms repository and conserve it to your computer.

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

2. Complete the form with all the needed information.

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

Please only file your claim when.

After you sue:

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

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

Time frame to filing a PCPA claim

Generally, a PCPA claim must be submitted within two years of the supposed PCPA offense.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action against your employer for the very same issue.Note: employment If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and employment choose to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is submitted.

This claim form is not meant for you if:

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

– you wish to submit a grievance about occupational health and wellness.

– you wish to file a human rights complaint under the Human Rights Code.

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

What to anticipate after you submit a claim

Claims are investigated in the order that they are received. The quantity of time it takes for a claim to be designated differs, depending upon several factors, including the amount of incoming claims. Anyone who sends an employment requirements declare receives a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for examination.

The claims examination process can take numerous months. In a lot of cases, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not dealt with by the ERO, the claim will then be appointed to a work requirements officer (ESO). The ESO finishes the examination, provides a written decision and takes enforcement action if required.

To prevent delays with processing your claim, please guarantee all info is appropriate and supporting documents are filed. If you are sending a grievance, you must sign up for the claimant portal so you can log in to see where your problem remains in the procedure.