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 broken.

If you have actually lost your task, please visit Employment Ontario to discover how they can help you get training, construct skills or find a brand-new job.

Suing

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

File a claim

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

File a PCPA claim

Watch the submitting a claim video to comprehend what to anticipate when filing an employment requirements declare

If you have actually currently begun a claim

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

– check in to continue your claim

– inspect the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant website using a ONe-Key account, please select the sign-in/ produce account button and create a My Ontario account utilizing the same e-mail address that was used when you registered in the claimant portal. If you do not use the very same email address, you will not be able to see any of your previously submitted claims. If you need help, please contact 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 use the website.

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can also submit 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, Immigration, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act claims

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

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

Examples of ESA violations include:

– Failure to pay a worker the of pay and/or public holiday pay, trip pay or other earnings 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 an employee for taking such a leave.

– Not offering a staff member with wage statements or other needed documents.

To learn more, 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 offices. The guidelines under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– collective contract

– the typical law

– other legislation

If you have questions about your entitlements, you might want to get in touch with a lawyer.

Time frame for filing an ESA claim

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

Similarly, if your company owes you earnings, the earnings must have been owed to you in the 2 years before your claim was submitted for the salaries 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 violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through a migration or foreign temporary employee program. For example, if you are working or searching for 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 offenses include:

– an employer charging you any costs

– an employer charging you for referall.us hiring costs (with limited exceptions).

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

– a recruiter or employer penalizing 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 incomes owed, you might have the ability to submit a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work requirements officer can usually 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers specific office defenses to child performers who are under 18 years of age working in the live and recorded entertainment markets.

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

The PCPA applies to:

– child performers.

– their moms and dads.

– their guardians.

– companies.

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

Discover 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 think workplace securities have actually not been offered to a kid performer in Ontario. Suing is complimentary.

To file a claim, you should be either:

– a kid entertainer under 18 years of age.

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

The child entertainer should not be covered by a cumulative arrangement.

To submit a claim:

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

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

2. Fill out the kind with all the required information.

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

Please only submit your claim once.

After you submit a claim:

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

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim should be filed 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 taken court action versus your employer for 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 two weeks after it is submitted.

This claim kind is not intended for you if:

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

– you wish to file a problem about occupational health and safety.

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

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

What to anticipate after you sue

Claims are investigated in the order that they are gotten. The quantity of time it takes for a claim to be designated differs, depending upon numerous elements, consisting of the amount of inbound claims. Anyone who sends an employment requirements claim receives a verification and is designated a claim number. You will be called by the ministry once the claim has actually been appointed for examination.

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

To avoid delays with processing your claim, please ensure all information is appropriate and supporting documents are submitted. If you are sending a problem, you need to register for the claimant website so you can visit to see where your grievance remains in the procedure.