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, build abilities or employment discover a new job.

Suing

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

File a PCPA claim

Watch the submitting a claim video to comprehend what to anticipate when filing a work standards declare

If you have already started a claim

If you have actually currently begun or sued through the claimant portal, you can:

– check 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 using a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account utilizing the exact same e-mail address that was used when you enrolled in the claimant website. If you do not utilize the same e-mail address, you will not have the ability to see any of your formerly sent 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 functions, including how to sign-up and utilize the website.

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other internet browsers may 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 working in Ontario are 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 use to them.

A claim may be made when you believe your employer has violated your rights under the ESA.

Examples of ESA offenses consist of:

– Failure to pay an employee the proper rate of pay and/or public holiday pay, holiday pay or other wages 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 a worker with wage statements or other required documents.

For more details, see Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

The ESA is not the only law that uses to Ontario workplaces. The rules under the ESA are minimum requirements. You may have higher rights under:

– a work contract

– collective agreement

– the common law

– other legislation

If you have questions about your privileges, you may wish to get in touch with an attorney.

Time limits for filing an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you must file a claim within two years of the supposed ESA infraction. If you file a claim within the two-year limitation an employment requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim may be made when you think your employer or employment an employer has actually violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through an immigration or foreign short-term employee program. For example, if you are working or searching for 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 infractions include:

– a recruiter charging you any fees

– a company charging you for employing costs (with limited exceptions).

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

– a recruiter or employer punishing you for asking about or exercising your EPFNA rights.

Foreign nationals utilized in Ontario likewise have rights under the ESA. For example, if you are not being paid all salaries owed, you may be able to submit a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, an employment requirements 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 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 employment payment of travel costs.

The PCPA applies to:

– kid entertainers.

– their moms and employment dads.

– their guardians.

– companies.

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

Learn 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 not been supplied to a kid performer 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 kid performer under 18 years of age.

The kid entertainer should 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 free of charge).

2. Fill out the type with all the needed details.

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

Please only file your claim as soon as.

After you sue:

– 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 restricts to filing a PCPA claim

Generally, a PCPA claim need to be filed within 2 years of the alleged PCPA infraction.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action against your company for the same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your submitted claim within 2 weeks after it is filed.

This claim form is not intended for you if:

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

– you wish to submit a problem about occupational health and wellness.

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

– you want to submit a claim 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 varies, depending on numerous elements, consisting of the quantity of inbound claims. Anyone who submits an employment standards declare receives 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 examination procedure can take a number of months. In many cases, a claim is designated to an early resolution officer (ERO) for preliminary examination. If the claim is not dealt with by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO completes the investigation, supplies a composed choice and takes enforcement action if required.

To avoid delays with processing your claim, please make sure all information is proper and supporting files are submitted. If you are submitting a grievance, you need to register for the claimant website so you can log in to see where your problem is in the process.