Suing

In Ontario, you might file 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 task, please see Employment Ontario to learn how they can assist you get training, build skills or find a new job.

Filing a claim

You can submit 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 sue online for problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to comprehend what to expect when submitting a work standards claim

If you have already started a claim

If you have actually 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 signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account utilizing the very same email address that was used when you enrolled in the claimant website. If you do not use the very same email address, you will not have the ability to see any of your formerly sent claims. If you require support, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can also submit 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 declares

Most employees working in Ontario are covered by the ESA. However, some workers 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 might be made when you think your company has broken your rights under the ESA.

Examples of ESA violations include:

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

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

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

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

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

– an employment agreement

– cumulative agreement

– the common law

– other legislation

If you have concerns about your entitlements, you might wish to call an attorney.

Time limits for submitting an ESA claim

There are time limits that use to filing an ESA claim. Generally, you need to sue within 2 years of the alleged ESA violation. If you sue within the two-year limit a work standards officer will investigate the claim.

Similarly, if your employer owes you wages, the wages must have been owed to you in the two years before your claim was filed for the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim may be made when you think your company or an employer has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through a migration or foreign temporary staff member 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 Laborer Program, job the EPFNA would likely use to you.

Examples of EPFNA infractions consist of:

– a recruiter charging you any charges

– a company charging you for hiring expenses (with restricted exceptions).

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

– a recruiter or company penalizing you for asking about or job exercising your EPFNA rights.

Foreign nationals utilized in Ontario also have rights under the ESA. For instance, if you are not being paid all wages owed, you may have the ability to file a claim under the ESA.

Time limits for submitting an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, an employment requirements officer can normally provide an order for money owed to you under the EPFNA in the three-and-a-half-year duration 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) provides particular workplace protections to child performers who are under 18 years of age working in the live and documented entertainment industries.

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

The PCPA uses to:

– kid performers.

– their moms and dads.

– their guardians.

– companies.

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

Learn 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 believe workplace protections have actually not been provided to a kid entertainer in Ontario. Filing a claim is complimentary.

To file a claim, you must be either:

– a kid entertainer under 18 years of age.

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

The child performer should not be covered by a collective contract.

To sue:

Download the claim type from the forms repository and wait to your computer system.

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

2. Complete the kind with all the needed information.

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

Please just submit your claim once.

After you file a claim:

– You will receive an email verification 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 submitting a PCPA claim

Generally, a PCPA claim must be submitted within 2 years of the alleged 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 of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your submitted claim within 2 weeks after it is submitted.

This claim kind is not planned for you if:

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

– you desire to file a grievance about occupational health and safety.

– you want to submit a human rights grievance 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 examined in the order that they are gotten. The quantity of time it considers a claim to be designated varies, depending on several aspects, consisting of the quantity of inbound claims. Anyone who sends an employment standards claim receives a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been designated for investigation.

The claims examination procedure can take numerous months. In a lot of cases, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be assigned to a work standards officer (ESO). The ESO finishes the examination, offers a written choice and takes enforcement action if required.

To prevent hold-ups with processing your claim, please guarantee all info is correct and supporting documents are submitted. If you are sending a problem, you should sign up for the claimant website so you can visit to see where your grievance remains in the process.