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 Protecting Child Performers Act (PCPA) is being breached.

If you’ve lost your task, please visit Employment Ontario to find out how they can help you get training, build skills or find a brand-new task.

Suing

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

File a claim

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

File a PCPA claim

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

If you have actually currently begun a claim

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

– sign in to continue your claim

– check the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually formerly registered for the claimant website utilizing 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 used when you enrolled in the claimant portal. If you do not use the same email address, you will not have the ability to see any of your formerly submitted claims. If you require help, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also 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 declares

Most employees 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 special guidelines and/or exemptions that might apply to them.

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

Examples of ESA infractions consist of:

– Failure to pay an employee the right rate of pay and/or public vacation pay, trip pay or other earnings they are entitled to under the ESA.

– Not supplying a staff member with time off for an entitled leave of absence under the ESA or penalizing a worker for taking such a leave.

– Not offering a worker with wage statements or other required documents.

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

The ESA is not the only law that uses to Ontario workplaces. 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 questions about your entitlements, you may wish to get in touch with a lawyer.

Time limitations for filing an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you need to sue within two years of the alleged ESA offense. If you sue within the two-year limit an employment standards officer will investigate the claim.

Similarly, if your employer owes you salaries, the earnings need to have been owed to you in the 2 years before your claim was filed for the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your company or a recruiter has actually breached 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 short-lived employee program. For example, 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 apply to you.

Examples of EPFNA offenses consist of:

– a recruiter charging you any costs

– an employer charging you for working with expenses (with minimal exceptions).

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

– a recruiter 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 might be able to sue under the ESA.

Time frame for submitting an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, an employment requirements officer can usually issue an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted 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 entertainment markets.

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

The PCPA uses to:

– kid entertainers.

– their moms and dads.

– their guardians.

– employers.

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

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

Filing a PCPA claim

You can file a PCPA claim if you believe workplace defenses have actually not been supplied to a child entertainer in Ontario. Suing is complimentary.

To sue, you need to 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 entertainer should not be covered by a collective arrangement.

To file a claim:

Download the claim kind from the kinds repository and wait to your computer system.

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

2. Complete the form with all the needed details.

3. Select the “send by e-mail” button within the kind to send your claim.

Please only file your claim once.

After you file a claim:

– 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 filing a PCPA claim

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

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have actually taken court action versus your 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 2 weeks after it is submitted.

This claim type 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 wellness.

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

– you want to submit a claim with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are examined in the order that they are gotten. The quantity of time it considers a claim to be designated varies, depending on numerous elements, referall.us including the quantity of inbound claims. Anyone who sends an employment requirements claim receives a confirmation and is assigned a claim number. You will be contacted by the ministry once the claim has been assigned for investigation.

The claims investigation procedure can take a number of months. Most of the times, a claim is designated to an early resolution officer (ERO) for preliminary examination. If the claim is not fixed by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO finishes the examination, provides a composed choice and takes enforcement action if necessary.

To avoid delays with processing your claim, please make sure all details is right and supporting documents are filed. If you are submitting a problem, you should sign up for the claimant website so you can visit to see where your grievance remains in the process.