Suing

In Ontario, you might file 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 employment Protecting Child Performers Act (PCPA) is being breached.

If you’ve lost your job, please go to Employment Ontario to learn how they can help you get training, construct skills or employment discover a new task.

Filing a claim

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

Sue

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

File a PCPA claim

Watch the submitting a claim video to understand what to anticipate when filing an employment requirements declare

If you have actually currently begun a claim

If you have currently started or submitted a claim through the claimant website, you can:

– check 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 registered for the claimant website using a ONe-Key account, please choose 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 website. If you do not use the exact same e-mail address, you will not be able to see any of your formerly submitted claims. If you need help, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

To submit a claim online utilizing e-claim or to access the claimant website you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also file an ESA or EPFNA claim utilizing 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 workers are not covered by the ESA and some staff members who are covered by the ESA have special rules and/or exemptions that may use to them.

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

Examples of ESA violations include:

– 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 supplying an employee with time off for an entitled leave of absence under the ESA or penalizing an employee for taking such a leave.

– Not supplying a staff member with wage statements or other required documents.

For more details, visit Your Guide to the Employment Standards Act or employment the Guide to unique 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 may have higher rights under:

– an employment agreement

– collective contract

– the typical law

– other legislation

If you have concerns about your entitlements, you may want to contact a lawyer.

Time frame for submitting an ESA claim

There are time limits that use to filing an ESA claim. Generally, you must sue within two years of the alleged ESA infraction. If you sue within the two-year limitation an employment standards officer will investigate the claim.

Similarly, if your company owes you salaries, the incomes need to 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 believe your company or an employer has actually breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or foreign temporary worker program. For example, 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 use to you.

Examples of EPFNA violations consist of:

– a recruiter charging you any costs

– an employer charging you for employing expenses (with restricted exceptions).

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

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

Foreign nationals in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, you may be able to file a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work standards officer can typically release 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers particular work environment securities to kid performers who are under 18 years of age working in the live and recorded entertainment markets.

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

The PCPA applies to:

– child entertainers.

– their moms and dads.

– their guardians.

– employers.

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

Discover 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 not been supplied to a kid entertainer in Ontario. Suing is complimentary.

To submit a claim, you need to be either:

– a child entertainer under 18 years of age.

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

The child performer must not be covered by a collective contract.

To sue:

Download the claim type from the forms repository and conserve it to your computer.

1. Open the form with Adobe Reader (download Adobe Reader totally free).

2. Complete the kind with all the needed information.

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

Please only submit your claim when.

After you submit a claim:

– You will receive 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 need to be submitted within two years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have taken court action versus your company for the exact 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 should withdraw your sent claim within 2 weeks after it is filed.

This claim kind is not meant for you if:

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

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

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

– you wish to file 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 received. The quantity of time it takes for a claim to be assigned differs, depending upon numerous elements, including the quantity of inbound claims. Anyone who sends an employment requirements claim gets a verification and is designated a claim number. You will be called by the ministry once the claim has actually been appointed for investigation.

The claims examination procedure can take a number of months. In a lot of cases, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not fixed by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO completes the investigation, offers a written choice and takes enforcement action if required.

To prevent hold-ups with processing your claim, please make sure all info is appropriate and supporting documents are submitted. If you are sending a grievance, you ought to sign up for the claimant website so you can visit to see where your problem remains in the procedure.