Suing

In Ontario, you might submit a claim 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 broken.

If you have actually lost your job, please see Employment Ontario to learn how they can assist you get training, build abilities or find a new task.

Filing a claim

You can file a claim online for any problems connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can also file a claim online for problems associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when filing a work standards claim

If you have actually already started a claim

If you have actually currently started or sued through the claimant website, you can:

– check in to continue your claim

– inspect the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant website using a ONe-Key account, please select the sign-in/ create account button and produce a My Ontario account utilizing the very same e-mail address that was utilized when you registered in the claimant portal. If you do not use the very same e-mail address, you will not be able to see any of your previously submitted claims. If you require support, 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 features, consisting of how to sign-up and use the portal.

Internet internet browser requirements

To file a claim online using e-claim or to access the claimant website you should use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can likewise file an ESA or EPFNA claim using the PDF claim kind.

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

A claim may be made when you believe your employer has actually broken your rights under the ESA.

Examples of ESA violations include:

to pay a staff member the appropriate rate of pay and/or public holiday pay, holiday pay or other salaries they are entitled to under the ESA.

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

– Not offering an employee with wage declarations or other required files.

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

The ESA is not the only law that uses to Ontario work environments. The rules under the ESA are minimum requirements. You may have greater rights under:

– a work contract

– cumulative agreement

– the typical law

– other legislation

If you have concerns about your privileges, you may want to call a lawyer.

Time limitations for submitting an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you should file a claim within two years of the alleged ESA offense. If you sue within the two-year limitation an employment requirements officer will investigate the claim.

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

Employment Protection for job 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 looking for operate in Ontario through a migration or foreign temporary staff member program. For instance, if you are working or job searching for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA violations include:

– an employer charging you any charges

– a company charging you for hiring costs (with minimal exceptions).

– a recruiter or employer holding onto your home (such as a passport).

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

Foreign nationals employed in Ontario likewise have rights under the ESA. For instance, if you are not being paid all wages owed, you might be able to sue under the ESA.

Time limits for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, a work requirements officer can typically release 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers specific office defenses to kid entertainers who are under 18 years of age working in the live and taped show business.

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

The PCPA uses to:

– child performers.

– their parents.

– their guardians.

– companies.

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

Learn more about the rights of kid performers 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 actually not been supplied to a kid entertainer in Ontario. Filing a claim is free.

To sue, you should be either:

– a child entertainer under 18 years of age.

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

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

To file a claim:

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

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

2. Fill in the type with all the required details.

3. Select the “submit by email” button within the form to send your claim.

Please just file your claim once.

After you sue:

– You will receive an email confirmation that includes your claim number.

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim must be submitted within two years of the alleged PCPA violation.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have taken court action versus your company for the very same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you must withdraw your sent claim within 2 weeks after it is submitted.

This claim type is not planned for you if:

– you work in a market that falls under federal jurisdiction.

– you desire to file a problem about occupational health and security.

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

– you wish to file a claim with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are examined in the order that they are gotten. The amount of time it takes for a claim to be assigned differs, depending upon a number of elements, consisting of the amount of incoming claims. Anyone who submits an employment standards declare receives a verification and is assigned a claim number. You will be called by the ministry once the claim has been assigned for examination.

The claims examination process can take several months. Most of the times, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, job the claim will then be assigned to a work standards officer (ESO). The ESO finishes the examination, offers a composed choice and takes enforcement action if essential.

To prevent delays with processing your claim, please guarantee all details is correct and supporting files are filed. If you are submitting a complaint, you need to register for the claimant website so you can log in to see where your grievance is in the procedure.