Suing

In Ontario, you may sue 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 see Employment Ontario to find out how they can help you get training, build abilities or discover a new job.

Suing

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

Sue

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

File a PCPA claim

Watch the submitting a claim video to understand what to anticipate when filing a work standards claim

If you have already started a claim

If you have actually currently begun or sued through the claimant website, you can:

– indication 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 utilizing a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account utilizing the exact same email address that was used when you registered in the claimant website. If you do not use the same email address, you will not be able to see any of your previously 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 an overview of the portal functions, including how to sign-up and use the portal.

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

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 workers working 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 use to them.

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

Examples of ESA offenses include:

– Failure to pay a worker the proper rate of pay and/or public holiday pay, holiday pay or employment other wages they are entitled to under the ESA.

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

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

For more information, visit 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 workplaces. The rules under the ESA are minimum requirements. You may have higher rights under:

– an employment agreement

– collective agreement

– the common law

– other legislation

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

Time limitations for filing an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you should submit a claim within two years of the supposed ESA violation. If you file a claim within the two-year limit an employment requirements officer will examine the claim.

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

Employment Protection for employment Foreign Nationals Act declares

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

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through a migration or foreign temporary employee 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 Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA offenses include:

– an employer charging you any charges

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

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

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

Foreign nationals used 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 submit a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work requirements officer can normally issue an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides certain workplace defenses to child entertainers who are under 18 years of age working in the live and documented show business.

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

The PCPA uses to:

– child performers.

– their moms and dads.

– their guardians.

– employers.

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

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

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace securities have actually not been offered to a kid performer in Ontario. Suing is totally free.

To sue, you must be either:

– a kid entertainer under 18 years of age.

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

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

To submit a claim:

Download the claim form from the types repository and save it to your computer.

1. Open the type with Adobe Reader (download Adobe Reader free of charge).

2. Fill in the form with all the required info.

3. Select the « submit by email » button within the form to submit your claim.

Please just submit your claim as soon as.

After you sue:

– You will get an email confirmation that includes your claim number.

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

Time limits to filing a PCPA claim

Generally, a PCPA claim must be filed within 2 years of the alleged PCPA violation.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually taken court action against your employer for the same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and and choose to pursue your rights through the courts, you need to withdraw your sent claim within two weeks after it is submitted.

This claim form is not planned for you if:

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

– you wish to submit a problem about occupational health and employment security.

– you want to file a human rights complaint under the Human Rights Code.

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

What to anticipate after you sue

Claims are examined in the order that they are gotten. The amount of time it takes for a claim to be assigned differs, depending upon a number of elements, consisting of the amount of incoming claims. Anyone who submits an employment requirements claim receives a confirmation and is assigned a claim number. You will be contacted by the ministry once the claim has been designated for examination.

The claims examination procedure can take several months. For the most part, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not resolved by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO finishes the examination, supplies a written decision and takes enforcement action if essential.

To avoid hold-ups with processing your claim, please guarantee all information is appropriate and supporting files are submitted. If you are sending a problem, employment you need to register for the claimant website so you can log in to see where your problem is in the procedure.