Suing

In Ontario, you may submit a claim 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 violated.

If you have actually lost your job, please go to Employment Ontario to discover how they can assist you get training, develop skills or discover a brand-new task.

Filing a claim

You can sue online for employment any issues connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can likewise sue online for issues associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to understand what to expect when submitting an employment standards declare

If you have currently begun a claim

If you have actually already started or sued through the claimant portal, you can:

– check in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have previously 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 using the very same email address that was used when you enrolled in the claimant portal. 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 contact the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for a summary of the portal features, including how to sign-up and use the website.

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can also file 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 declares

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

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

Examples of ESA violations consist of:

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

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

– Not supplying an employee with wage statements or other required documents.

For more details, see Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

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

– an employment agreement

– collective contract

– the common law

– other legislation

If you have concerns about your entitlements, you might want to call a legal representative.

Time frame for filing an ESA claim

There are time limitations that use to submitting an ESA claim. Generally, you must submit a claim within two years of the supposed ESA infraction. If you sue within the two-year limit a work requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign temporary staff member program. For example, if you are working or searching for work 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 violations include:

– a recruiter charging you any charges

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

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

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

Foreign nationals utilized in Ontario likewise have rights under the ESA. For example, if you are not being paid all salaries owed, you might have the ability to sue under the ESA.

Time limits for filing an EPFNA claim

Generally, you should 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 provide an order for cash owed to you under the EPFNA in the three-and-a-half-year duration 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 particular office protections to child entertainers who are under 18 years of age working in the live and taped home entertainment markets.

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

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– companies.

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 check out the Child Performers Guideline.

Filing a PCPA claim

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

To sue, you need to be either:

– a kid entertainer under 18 years of age.

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

The kid entertainer must not be covered by a cumulative agreement.

To sue:

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

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

2. Fill in the type with all the required information.

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

Please just file your claim when.

After you sue:

– 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 limits to submitting a PCPA claim

Generally, a PCPA claim need to be submitted within two years of the alleged 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 the same issue.Note: If you file a claim with the Ministry 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 filed.

This claim kind is not intended for you if:

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

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

– you wish to submit a human rights complaint under the Human Rights Code.

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

What to expect after you sue

Claims are investigated in the order that they are gotten. The quantity of time it takes for a claim to be assigned varies, depending on numerous aspects, including the quantity of incoming claims. Anyone who submits a work standards claim receives a confirmation and is designated a claim number. You will be called by the ministry once the claim has been designated for investigation.

The claims investigation process can take numerous months. Most of the times, a claim is assigned 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 an employment requirements officer (ESO). The ESO finishes the examination, offers a written and takes enforcement action if needed.

To avoid delays with processing your claim, please guarantee all info is correct and supporting documents are filed. If you are sending a grievance, employment you need to sign up for the claimant website so you can log in to see where your problem is in the procedure.