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’ve lost your task, please check out Employment Ontario to discover how they can assist you get training, develop skills or discover a brand-new task.

Suing

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

File a claim

You can likewise submit a claim online for problems relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have currently started a claim

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

– indication in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

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

Internet web browser requirements

To sue online utilizing e-claim or to access the claimant website you need to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

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 staff members working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some employees who are covered by the ESA have unique guidelines and/or exemptions that may use to them.

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

Examples of ESA offenses consist of:

– Failure to pay a worker the correct rate of pay and/or public vacation pay, getaway pay or employment other earnings 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 providing an employee with wage statements or other needed files.

To learn more, 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 uses to Ontario offices. The rules under the ESA are minimum requirements. You may have higher rights under:

– an employment agreement

– cumulative arrangement

– the common law

– other legislation

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

Time limitations for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you must submit a claim within two years of the alleged ESA offense. If you file a claim within the two-year limitation a work standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your employer or an employer has actually breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign short-lived worker program. For instance, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.

Examples of EPFNA infractions consist of:

– an employer charging you any costs

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

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

– a recruiter or company penalizing you for asking 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 salaries owed, you may have the ability to sue 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 supposed EPFNA offense. Similarly, an employment standards 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.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers specific office protections to child performers who are under 18 years of age working in the live and documented home .

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

The PCPA uses to:

– kid performers.

– their moms and dads.

– their guardians.

– companies.

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

Learn more about the rights of kid entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace protections have actually not been supplied to a kid entertainer in Ontario. Suing is free.

To sue, you should be either:

– a child entertainer under 18 years of age.

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

The child entertainer must not be covered by a collective contract.

To sue:

Download the claim kind from the kinds repository and save it to your computer.

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

2. Fill in the kind with all the needed details.

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

Please just file your claim as soon as.

After you submit a claim:

– You will get an e-mail 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 should be filed within 2 years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually taken court action versus your company for employment the exact 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, you must withdraw your sent claim within 2 weeks after it is submitted.

This claim kind is not intended for you if:

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

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

– you wish to file a human rights complaint 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 considers a claim to be appointed varies, depending on several factors, consisting of the amount of incoming claims. Anyone who sends a work standards declare receives a verification and is appointed a claim number. You will be contacted by the ministry once the claim has been appointed for investigation.

The claims investigation process can take numerous months. For the most part, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not solved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO finishes the examination, supplies a composed choice and takes enforcement action if needed.

To prevent delays with processing your claim, please guarantee all information is appropriate and supporting files are submitted. If you are submitting a complaint, you must register for the claimant portal so you can log in to see where your problem is in the process.