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 have actually lost your task, please visit Employment Ontario to find out how they can help you get training, construct skills or discover a new job.

Suing

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

File a claim

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

File a PCPA claim

Watch the submitting a claim video to understand job what to expect when filing an employment standards declare

If you have actually already begun a claim

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

– check in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ produce account button and produce a My Ontario account using the very same e-mail address that was used when you enrolled in the claimant portal. If you do not utilize the same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you require support, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for a summary of the portal features, including how to sign-up and use the website.

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also 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 claims

Most workers operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that may use to them.

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

Examples of ESA violations include:

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

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

– Not offering a staff member with wage declarations or other required documents.

To learn more, see 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 workplaces. The guidelines under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– cumulative contract

– the common law

– other legislation

If you have concerns about your privileges, you might want to contact a legal representative.

Time frame for submitting an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you must sue within two years of the supposed ESA violation. If you file a claim within the two-year limit an employment requirements officer will investigate the claim.

Similarly, if your company owes you incomes, the wages should have been owed to you in the two years before your claim was declared the incomes 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 applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign short-term staff member program. For instance, 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 apply to you.

Examples of EPFNA violations consist of:

– a recruiter charging you any costs

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

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

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

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

Time limits 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 offense. Similarly, an employment standards officer can typically issue 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides specific work environment defenses to kid performers who are under 18 years of age working in the live and documented show business.

It consists of minimum rights with regard to hours of work, breaks and payment of travel costs.

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– companies.

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

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

Filing a PCPA claim

You can submit a PCPA claim if you think workplace protections have actually not been offered to a kid performer in Ontario. Filing a claim is totally free.

To sue, you must be either:

– a child entertainer under 18 years of age.

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

The kid performer must not be covered by a cumulative arrangement.

To sue:

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

1. Open the type with Adobe Reader (download Adobe Reader for complimentary).

2. Fill in the form with all the needed info.

3. Select the “submit by e-mail” button within the type to submit your claim.

Please just file your claim once.

After you submit a claim:

– You will get an e-mail confirmation that includes your claim number.

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

Time limits to filing 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 same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and and choose 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 intended for you if:

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

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

– you want 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 sue

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 several elements, consisting of the quantity of incoming claims. Anyone who submits a work requirements claim gets a confirmation and is appointed a claim number. You will be called by the ministry once the claim has actually been assigned for examination.

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

To prevent hold-ups with processing your claim, please ensure all details is appropriate and supporting files are submitted. If you are submitting a complaint, you must register for the claimant website so you can log in to see where your complaint is in the procedure.