Suing

In Ontario, you might submit a claim with the Ministry of Labour, employment Immigration, Training and employment 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 breached.

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

Suing

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

File a PCPA claim

Watch the suing video to understand what to expect when submitting a work requirements declare

If you have actually already begun a claim

If you have actually already started or filed a claim 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 actually previously registered for the claimant website utilizing a ONe-Key account, please choose the sign-in/ create account button and create a My Ontario account utilizing the very same email address that was utilized when you enrolled in the claimant portal. If you do not use the very same e-mail address, you will not be able to see any of your formerly sent claims. If you need support, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet web browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can likewise file an ESA or EPFNA claim using 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 operating in Ontario are covered by the ESA. However, some workers 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 actually violated your rights under the ESA.

Examples of ESA offenses consist of:

– Failure to pay a worker the correct rate of pay and/or public vacation pay, trip pay or other wages they are entitled to under the ESA.

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

– Not supplying a worker with wage statements or other needed documents.

To find out more, see 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:

– an employment agreement

– collective agreement

– the common law

– other legislation

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

Time for filing an ESA claim

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

Similarly, if your company owes you salaries, the incomes must have been owed to you in the 2 years before your claim was applied for employment the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

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

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign short-lived worker 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 offenses consist of:

– an employer charging you any fees

– a company charging you for employing costs (with restricted exceptions).

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

– a recruiter or company punishing you for asking about or exercising your EPFNA rights.

Foreign nationals employed in Ontario also have rights under the ESA. For instance, if you are not being paid all salaries owed, you may be able to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work requirements officer can normally release an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides specific office protections to kid entertainers who are under 18 years of age working in the live and taped home entertainment markets.

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

The PCPA uses to:

– kid performers.

– their moms and dads.

– their guardians.

– employers.

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

Find out 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 securities have not been supplied to a child entertainer in Ontario. Suing is free.

To sue, you should be either:

– a kid performer under 18 years of age.

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

The kid performer must 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. Complete the kind with all the needed information.

3. Select the “send by e-mail” button within the form 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 investigate your claim as quickly as possible.

Time frame to submitting a PCPA claim

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

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 sue with the Ministry of Labour, Immigration, employment 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 submitted.

This claim form is not planned for you if:

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

– you desire to submit a complaint about occupational health and security.

– you desire to file a human rights problem under the Human Rights Code.

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

What to anticipate after you submit a claim

Claims are investigated in the order that they are received. The amount of time it takes for a claim to be designated differs, depending upon numerous factors, consisting of the quantity of incoming claims. Anyone who submits a work standards declare receives a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for examination.

The claims examination process can take several months. In many cases, a claim is assigned to an early resolution officer (ERO) for preliminary examination. If the claim is not resolved by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO completes the examination, provides a written choice and takes enforcement action if needed.

To avoid delays with processing your claim, please make sure all information is appropriate and supporting documents are submitted. If you are submitting a problem, employment you need to register for the claimant portal so you can visit to see where your complaint remains in the procedure.