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 broken.

If you’ve lost your task, please go to Employment Ontario to learn how they can help you get training, develop skills or find a brand-new job.

Suing

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

Sue

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

File a PCPA claim

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

If you have actually currently started a claim

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

– check in to continue your claim

– check the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have previously signed up for the claimant portal using a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account utilizing the exact same email address that was utilized when you registered in the claimant portal. If you do not use the exact same email address, you will not have the ability to see any of your previously sent claims. If you need support, please contact the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for an introduction of the portal features, consisting of how to sign-up and use the website.

Internet web browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also submit an ESA or EPFNA claim using the PDF claim kind.

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 workers 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 believe your company has actually broken your rights under the ESA.

Examples of ESA offenses consist of:

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

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

– Not offering an employee with wage statements or other needed documents.

For employment additional 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 uses to Ontario work environments. The rules under the ESA are minimum requirements. You might have higher rights under:

– an employment agreement

– cumulative contract

– the typical law

– other legislation

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

Time frame for filing an ESA claim

There are time limits that use to filing an ESA claim. Generally, you need to file a claim within 2 years of the supposed ESA violation. If you sue within the two-year limitation an employment standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim might be made when you believe your employer or a recruiter has broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or employment are seeking operate in Ontario through an immigration or foreign momentary worker program. For instance, if you are working or trying to find 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 consist of:

– an employer charging you any charges

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

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

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

Foreign nationals used in Ontario also have rights under the ESA. For instance, if you are not being paid all incomes owed, you might have the ability to sue under the ESA.

Time frame for submitting an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment requirements officer can typically release 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides particular office defenses to kid performers who are under 18 years of age working in the live and recorded home entertainment industries.

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

The PCPA applies to:

– child entertainers.

– their moms and dads.

– their guardians.

– companies.

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

Find out more about the rights of kid entertainers 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 child performer in Ontario. Filing a claim is totally free.

To sue, you must be either:

– a kid performer under 18 years of age.

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

The kid performer need to not be covered by a collective contract.

To sue:

Download the claim form from the forms repository and employment wait to your computer.

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

2. Complete the type 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 as soon as.

After you sue:

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

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim need to be filed within 2 years of the alleged PCPA offense.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have taken court action against your employer for the 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 need to withdraw your sent claim within 2 weeks after it is filed.

This claim form 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 safety.

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

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

What to anticipate after you sue

Claims are examined in the order that they are gotten. The amount of time it considers a claim to be assigned varies, depending upon numerous factors, including the quantity of incoming claims. Anyone who submits an employment requirements declare receives a verification and is designated a claim number. You will be contacted by the ministry once the claim has actually been assigned for investigation.

The claims investigation process can take numerous months. For the most part, a claim is appointed to an early resolution officer (ERO) for preliminary 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 investigation, supplies a composed choice and takes enforcement action if essential.

To avoid delays with processing your claim, please make sure all info is proper and supporting files are filed. If you are submitting a grievance, you should register for the claimant portal so you can log in to see where your problem remains in the procedure.