Suing

In Ontario, you may 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 violated.

If you have actually lost your job, please go to Employment Ontario to discover how they can assist you get training, develop abilities or discover a new job.

Filing a claim

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

File a claim

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

File a PCPA claim

Watch the filing a claim video to comprehend what to anticipate when filing an employment standards claim

If you have currently started a claim

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

– check in to continue your claim

– check the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually formerly registered 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 same e-mail address that was utilized when you enrolled in the claimant website. If you do not utilize the same e-mail address, you will not be able to see any of your formerly sent claims. If you need help, please call 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 use the website.

Internet web browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can likewise file 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 workers operating in Ontario are covered by the ESA. However, some staff members 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 might be made when you think your company has broken your rights under the ESA.

Examples of ESA offenses consist of:

– Failure to pay a staff member the right rate of pay and/or public vacation pay, holiday 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 providing a worker with wage statements or other needed documents.

For more information, visit Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

The ESA is not the only law that applies to Ontario workplaces. The guidelines under the ESA are minimum requirements. You might have higher rights under:

– an employment agreement

– cumulative agreement

– the common law

– other legislation

If you have questions about your privileges, you might wish to contact an .

Time limitations for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you should submit a claim within two years of the alleged ESA infraction. If you submit a claim within the two-year limit a work standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or foreign momentary staff member program. For example, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA violations consist of:

– an employer charging you any fees

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

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

– an employer or company punishing you for asking about or job exercising your EPFNA rights.

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

Time limits for job filing an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work standards officer can normally provide 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers certain workplace protections to child entertainers who are under 18 years of age working in the live and recorded show business.

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

The PCPA applies to:

– kid entertainers.

– their moms and dads.

– their guardians.

– employers.

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

Find out more about the rights of kid 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 securities have actually not been provided to a kid entertainer in Ontario. Suing is complimentary.

To sue, you must be either:

– a kid entertainer under 18 years of age.

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

The kid performer need to not be covered by a collective arrangement.

To sue:

Download the claim type from the forms repository and wait to your computer system.

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

2. Complete the kind with all the required info.

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

Please just submit your claim when.

After you sue:

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

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

Time limits to submitting a PCPA claim

Generally, a PCPA claim should be filed within 2 years of the alleged PCPA offense.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have taken court action against your employer for the exact same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, job you need to withdraw your submitted claim within two weeks after it is filed.

This claim kind is not intended for job you if:

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

– you want to file a grievance about occupational health and wellness.

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

– you desire 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 gotten. The amount of time it considers a claim to be designated differs, depending upon several factors, consisting of the quantity of incoming claims. Anyone who submits an employment requirements claim gets a confirmation and is designated a claim number. You will be contacted by the ministry once the claim has been assigned for job examination.

The claims investigation process can take a number of months. In the majority of cases, a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO completes the examination, provides a composed decision and takes enforcement action if required.

To avoid hold-ups with processing your claim, please ensure all information is right and supporting files are submitted. If you are submitting a complaint, you must sign up for the claimant portal so you can visit to see where your complaint remains in the procedure.