Suing

In Ontario, you may 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 job, please visit Employment Ontario to discover how they can assist you get training, construct abilities or find a new task.

Filing a claim

You can file a claim online for any issues associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

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

File a PCPA claim

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

If you have currently started a claim

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

– check in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have formerly signed up for employment the claimant portal utilizing a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account using the exact same email address that was used when you enrolled in the claimant website. If you do not use the same e-mail address, you will not be able to see any of your formerly submitted claims. If you require assistance, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet browser requirements

To sue online using e-claim or to access the claimant portal you must utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other 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 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
. Marie, Ontario
P6A 6V4

Employment Standards Act claims

Most employees operating in Ontario are covered by the ESA. However, employment some employees are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that might use to them.

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

Examples of ESA infractions include:

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

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

– Not providing an employee with wage statements or other needed files.

For more information, visit Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

The ESA is not the only law that applies to Ontario work environments. The guidelines under the ESA are minimum requirements. You might have higher rights under:

– a work contract

– collective agreement

– the common law

– other legislation

If you have questions about your privileges, you may wish to contact a legal representative.

Time limitations for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you should submit a claim within two years of the supposed ESA offense. If you file a claim within the two-year limit a work standards officer will investigate the claim.

Similarly, if your company owes you salaries, the salaries should have been owed to you in the 2 years before your claim was declared the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you think your employer or a recruiter 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 short-term employee program. For example, if you are working or employment searching for employment 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 offenses include:

– an employer charging you any charges

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

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

– an employer or company punishing you for asking about or employment 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 might be able to file a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can usually release 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 specific office defenses to kid performers who are under 18 years of age working in the live and documented show business.

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

The PCPA uses to:

– kid performers.

– their parents.

– their guardians.

– companies.

Sections are implemented by the Health and wellness 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 think workplace protections have not been supplied to a kid entertainer in Ontario. Filing a claim is free.

To sue, you must be either:

– a child entertainer under 18 years of age.

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

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

To sue:

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

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

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

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

Please just submit your claim when.

After you sue:

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

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

Time frame to filing a PCPA claim

Generally, a PCPA claim must be filed within two years of the supposed PCPA infraction.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have actually taken court action versus your employer for the exact same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you must withdraw your sent claim within two weeks after it is filed.

This claim kind is not planned for you if:

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

– you want to submit a grievance about occupational health and employment safety.

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

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

What to anticipate after you submit a claim

Claims are examined in the order that they are gotten. The amount of time it takes for a claim to be appointed varies, depending on a number of factors, consisting of the amount of incoming claims. Anyone who sends a work standards declare receives a verification and is designated a claim number. You will be called by the ministry once the claim has been appointed for investigation.

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

To avoid hold-ups with processing your claim, please guarantee all info is proper and supporting files are filed. If you are submitting a complaint, you need to register for the claimant portal so you can log in to see where your grievance is in the procedure.