Suing

In Ontario, employment you might sue with the Ministry of Labour, Immigration, Training and Skills Development if you think the Employment Standards Act (ESA), Employment Protection for employment Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being violated.

If you have actually lost your task, employment please visit Employment Ontario to discover how they can help you get training, build abilities or find a new task.

Suing

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

File a claim

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

File a PCPA claim

Watch the suing video to understand what to expect when submitting an employment standards claim

If you have already begun a claim

If you have 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 actually previously signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account utilizing the very same e-mail address that was used when you registered in the claimant website. If you do not utilize the same email address, you will not have the ability to see any of your formerly submitted claims. If you need help, please contact the Employment Standards Information Centre.

Sign-in/ create account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other browsers might work, but 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 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 employees working in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and employment some workers who are covered by the ESA have unique rules and/or exemptions that might apply to them.

A claim might be made when you think your employer has actually broken your rights under the ESA.

Examples of ESA infractions consist of:

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

– Not supplying a worker with time off for an entitled leave of absence under the ESA or employment punishing an employee for taking such a leave.

– Not providing a staff member with wage statements or other required files.

To learn more, visit Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

The ESA is not the only law that uses to Ontario offices. The rules under the ESA are minimum requirements. You might have greater 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 a legal representative.

Time limits for submitting an ESA claim

There are time limits that use to submitting an ESA claim. Generally, you need to submit a claim within 2 years of the supposed ESA infraction. If you sue within the two-year limit a work standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim might be made when you think your company or an employer has actually breached 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 staff member program. For example, if you are working or looking for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.

Examples of EPFNA violations include:

– a recruiter charging you any costs

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

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

– an employer or company penalizing 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 incomes owed, you may be able to file a claim under the ESA.

Time limitations for employment filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment requirements officer can typically issue 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) supplies specific office protections to child performers 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:

– kid performers.

– their moms and dads.

– their guardians.

– employers.

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

Learn more about the rights of child performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace securities have not been supplied to a child entertainer in Ontario. Filing a claim is totally free.

To submit a claim, you should be either:

– a child 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 type from the kinds repository and conserve it to your computer.

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

2. Complete the kind with all the required info.

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

Please just submit your claim as soon as.

After you sue:

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

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim should be filed within two years of the supposed 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 very same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you must withdraw your submitted claim within 2 weeks after it is filed.

This claim kind is not intended for you if:

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

– you want to file a complaint about occupational health and security.

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

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

What to anticipate 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 differs, depending on numerous factors, consisting of the quantity of inbound claims. Anyone who submits an employment standards declare gets a confirmation and is appointed a claim number. You will be contacted by the ministry once the claim has been appointed for investigation.

The claims investigation process can take a number of months. Most of the times, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO completes the investigation, offers a written decision and takes enforcement action if essential.

To prevent delays with processing your claim, please guarantee all information is right and are filed. If you are sending a grievance, you need to sign up for the claimant portal so you can log in to see where your complaint remains in the process.