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Founded Date September 8, 1916
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Sectors Construction / Facilities
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Company Description
Suing
In Ontario, you might sue 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 breached.
If you’ve lost your job, please see Employment Ontario to discover how they can assist you get training, construct skills or discover a new task.
Suing
You can sue online for any concerns relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also sue online for concerns relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to expect when filing a work standards declare
If you have actually currently started a claim
If you have already begun or sued through the claimant website, you can:
– sign 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 formerly signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ develop account button and produce a My Ontario account using the very same email address that was used when you enrolled in the claimant portal. If you do not utilize the exact same e-mail address, you will not be able to see any of your previously sent claims. If you need assistance, please contact the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for an introduction of the portal functions, consisting of how to sign-up and utilize the portal.
Internet web browser requirements
To sue online using e-claim or to access the claimant website you ought to utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other browsers may work, however they are not supported by the e-claim or claimant website.
PDF claim kinds
You can likewise submit 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 claims
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 guidelines and/or exemptions that might apply to them.
A claim may be made when you believe your company has violated your rights under the ESA.
Examples of ESA infractions consist of:
– Failure to pay an employee the right rate of pay and/or public holiday pay, getaway pay or other incomes they are entitled to under the ESA.
– Not providing a staff member with time off for an entitled leave of absence under the ESA or punishing a staff member for taking such a leave.
– Not supplying an employee with wage statements or other needed files.
For more info, check out 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 offices. The rules under the ESA are minimum requirements. You may have higher rights under:
– an employment agreement
– cumulative contract
– the typical law
– other legislation
If you have concerns about your entitlements, you may wish to get in touch with a legal representative.
Time frame for submitting an ESA claim
There are time limitations that use to filing an ESA claim. Generally, you should file a claim within 2 years of the supposed ESA infraction. If you submit a claim within the two-year limit a work standards officer will investigate the claim.
Similarly, if your employer owes you wages, the incomes need to have been owed to you in the 2 years before your claim was applied for the salaries to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim might be made when you think your company or an employer has broken your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are looking for work in Ontario through a migration or foreign temporary worker program. For instance, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.
Examples of EPFNA infractions include:
– an employer charging you any costs
– a company charging you for employing costs (with minimal exceptions).
– an employer or employer holding onto your home (such as a passport).
– an employer or company punishing you for asking about or referall.us exercising your EPFNA rights.
Foreign nationals used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, you may be able to sue under the ESA.
Time limitations for filing an EPFNA claim
Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, an employment standards officer can usually provide an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) provides specific workplace defenses to kid performers who are under 18 years of age working in the live and taped show business.
It includes minimum rights with regard to hours of work, breaks and payment of travel expenses.
The PCPA uses to:
– kid performers.
– their parents.
– their guardians.
.
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 think workplace protections have actually not been provided to a child performer in Ontario. Suing is complimentary.
To file a claim, 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 child performer must not be covered by a cumulative contract.
To sue:
Download the claim form from the kinds repository and conserve it to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader for totally free).
2. Complete the form with all the required info.
3. Select the “submit by e-mail” button within the kind to submit your claim.
Please just file your claim when.
After you sue:
– You will receive an e-mail verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as quickly as possible.
Time frame to submitting a PCPA claim
Generally, a PCPA claim need to be filed within two years of the supposed PCPA offense.
When a claim can not be submitted
Generally, a claim can not be submitted if:
– you have taken court action versus your company for the very same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you should withdraw your submitted claim within two 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 complaint about occupational health and wellness.
– you wish 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 examined in the order that they are gotten. The quantity of time it considers a claim to be appointed differs, depending on several aspects, consisting of the amount of incoming claims. Anyone who sends a work standards claim gets a confirmation and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually 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 preliminary examination. If the claim is not solved by the ERO, the claim will then be designated to a work standards officer (ESO). The ESO completes the examination, provides a composed decision and takes enforcement action if required.
To prevent delays with processing your claim, please guarantee all information is proper and supporting documents are submitted. If you are sending a problem, you need to register for the claimant portal so you can log in to see where your grievance is in the process.