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 breached.

If you’ve lost your task, please visit Employment Ontario to learn how they can help you get training, build skills or find a new task.

Suing

You can sue online for any concerns relating 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 filing a claim video to comprehend what to anticipate when filing a work standards declare

If you have currently begun a claim

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

– sign 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 portal using a ONe-Key account, please select the sign-in/ produce account button and develop a My Ontario account utilizing the exact same e-mail address that was utilized when you registered in the . If you do not utilize the very same e-mail address, you will not have the ability to see any of your previously submitted claims. If you require help, please call the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

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

– 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 likewise file an ESA or EPFNA claim utilizing the PDF claim form.

Submit your claim by:

– fax to 1-888-252-4684 or

mail to:

Provincial Claims Centre
Ministry of Labour, employment 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 employment some employees who are covered by the ESA have special rules and/or exemptions that might apply to them.

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

Examples of ESA violations consist of:

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

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

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

For additional information, go to 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 offices. The rules under the ESA are minimum requirements. You might have higher rights under:

– an employment agreement

– collective contract

– the typical law

– other legislation

If you have concerns about your entitlements, you might wish to get in touch with an attorney.

Time limits for filing an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you must sue within two years of the supposed ESA offense. If you sue within the two-year limitation a work standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim may be made when you believe your employer or a recruiter has broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign short-lived employee program. For instance, if you are working or trying to find 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 infractions consist of:

– a recruiter charging you any charges

– an employer charging you for hiring expenses (with minimal exceptions).

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

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

Foreign nationals used in Ontario also have rights under the ESA. For example, employment if you are not being paid all incomes owed, you might be able to file a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work requirements officer can normally provide 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) offers particular work environment securities to kid performers who are under 18 years of age working in the live and recorded show business.

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

The PCPA applies to:

– child performers.

– their moms and dads.

– their guardians.

– employers.

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

Discover more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have actually not been provided to a child performer in Ontario. Filing a claim is free.

To sue, you need to be either:

– a child entertainer under 18 years of age.

– the moms and dad or employment guardian of a child performer under 18 years of age.

The kid performer need to not be covered by a collective agreement.

To file a claim:

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

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

2. Fill out the type with all the required info.

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

Please only file your claim as soon as.

After you submit a claim:

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

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

Time frame to submitting a PCPA claim

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

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action against your company for the same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, employment you should withdraw your sent claim within 2 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 desire to submit a complaint about occupational health and safety.

– you desire to submit a human rights complaint under the Human Rights Code.

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

What to expect after you file a claim

Claims are investigated in the order that they are gotten. The quantity of time it considers a claim to be designated differs, depending upon several elements, consisting of the quantity of incoming claims. Anyone who submits an employment standards claim receives a verification and employment is appointed a claim number. You will be called by the ministry once the claim has actually been designated for investigation.

The claims examination process can take numerous months. In most cases, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO completes the investigation, offers a written choice and takes enforcement action if essential.

To avoid hold-ups with processing your claim, please ensure all information is proper and supporting documents are filed. If you are submitting a complaint, you should register for the claimant portal so you can log in to see where your problem remains in the procedure.