Suing

In Ontario, you may sue with the Ministry of Labour, Immigration, Training and Skills Development if you think the Employment Standards Act (ESA), Employment Protection for Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being broken.

If you have actually lost your job, please visit Employment Ontario to find out how they can assist you get training, develop skills or 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 sue online for problems relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to expect when submitting a work requirements claim

If you have actually already started a claim

If you have currently started or sued through the claimant website, you can:

– check in to continue your claim

– inspect 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 select the sign-in/ produce account button and create a My Ontario account utilizing the exact same e-mail address that was utilized when you enrolled in the claimant website. If you do not use the exact same email address, you will not be able to see any of your previously submitted claims. If you need assistance, please call the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for a summary of the portal functions, consisting of how to sign-up and use the portal.

Internet web browser requirements

To sue online using e-claim or to access the claimant website you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can likewise submit 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, employment Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

Most staff members working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that might apply to them.

A claim may 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 proper rate of pay and/or public vacation pay, vacation pay or other incomes they are entitled to under the ESA.

– Not providing a worker with time off for an entitled leave of lack under the ESA or penalizing an employee for taking such a leave.

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

For more details, visit Your Guide to the Employment Standards Act or the Guide to unique guidelines and employment exemptions.

The ESA is not the only law that uses to Ontario workplaces. The guidelines 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 questions about your privileges, you might wish to call a legal representative.

Time frame for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you should sue within 2 years of the supposed ESA violation. If you file a claim within the two-year limitation an employment standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim might be made when you think your company or a recruiter has broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign temporary worker program. For instance, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, employment or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA offenses include:

– an employer charging you any costs

– a company charging you for hiring expenses (with limited exceptions).

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

– a recruiter or employer penalizing you for inquiring 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 wages 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 offense. Similarly, a work requirements officer can usually release an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies particular office protections to child entertainers who are under 18 years of age working in the live and documented home entertainment markets.

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

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– companies.

Sections are imposed 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 defenses have not been supplied to a kid entertainer in Ontario. Filing a claim is free.

To sue, you need to be either:

– a kid performer under 18 years of age.

– the parent or guardian of a child entertainer under 18 years of age.

The child entertainer need to not be covered by a collective contract.

To sue:

Download the claim form from the types repository and wait to your computer.

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

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

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

Please only file your claim as soon as.

After you sue:

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

Ministry of Labour, Immigration, Training and Skills Development personnel 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 alleged PCPA .

When a claim can not be filed

Generally, a claim can not be filed if:

– you have taken court action against your company for the same issue.Note: If you sue 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 submitted.

This claim type is not planned for you if:

– you operate in a market that falls under federal jurisdiction.

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

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

– you wish to submit a claim 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 assigned varies, depending upon several factors, employment consisting of the amount of inbound claims. Anyone who submits a work requirements declare receives a confirmation and is appointed a claim number. You will be contacted by the ministry once the claim has actually been designated for examination.

The claims examination process can take a number of months. In many cases, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not dealt with by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO finishes the examination, offers a composed choice and takes enforcement action if required.

To prevent delays with processing your claim, please make sure all info is right and supporting files are submitted. If you are sending a problem, you must register for employment the claimant portal so you can visit to see where your complaint is in the process.