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 breached.

If you’ve lost your job, please see Employment Ontario to learn how they can assist you get training, build skills or discover a brand-new job.

Suing

You can submit a claim online for any issues associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can likewise submit a claim online for concerns relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have actually currently begun a claim

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

– indication in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and create a My Ontario account using the exact same email address that was used when you registered in the claimant portal. If you do not use the very 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 an introduction of the portal features, including how to sign-up and utilize the portal.

Internet web browser requirements

To file a claim online utilizing e-claim or to access the you must use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can likewise 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 rules and/or exemptions that might use to them.

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

Examples of ESA violations include:

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

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

– Not providing a worker with wage statements or other required files.

For more information, check out Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

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

– an employment agreement

– collective agreement

– the common law

– other legislation

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

Time limits 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 alleged ESA infraction. If you file a claim within the two-year limit an employment standards officer will examine the claim.

Similarly, if your company owes you earnings, 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 believe your employer or an employer has actually broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign short-term employee program. For instance, 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 use to you.

Examples of EPFNA offenses consist of:

– an employer charging you any fees

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

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

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

Foreign nationals used in Ontario likewise have rights under the ESA. For example, if you are not being paid all incomes owed, you might have the ability to file 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 infraction. Similarly, an employment requirements officer can normally issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) supplies specific office securities to child performers who are under 18 years of age working in the live and taped show business.

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

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– companies.

Sections are implemented by the Health and wellness 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 believe workplace securities have not been provided to a child performer in Ontario. Suing is free.

To file a claim, you need to be either:

– a kid performer under 18 years of age.

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

The child performer should not be covered by a cumulative agreement.

To file a claim:

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

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

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

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

Please just submit your claim once.

After you file a claim:

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

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

Time limits to filing a PCPA claim

Generally, a PCPA claim must be submitted within 2 years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually taken court action against your employer for referall.us the very same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you must withdraw your sent claim within 2 weeks after it is filed.

This claim kind is not intended for you if:

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

– you desire to file a complaint about occupational health and safety.

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

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

What to expect after you submit a claim

Claims are examined in the order that they are gotten. The amount of time it considers a claim to be assigned differs, depending on several factors, including the quantity of inbound claims. Anyone who submits an employment standards declare gets a confirmation and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been designated for examination.

The claims investigation procedure can take several months. In many cases, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not dealt with by the ERO, the claim will then be appointed to an employment requirements officer (ESO). The ESO completes the investigation, provides a composed decision and takes enforcement action if essential.

To prevent hold-ups with processing your claim, please ensure all information is right and supporting files are submitted. If you are sending a grievance, you should sign up for the claimant website so you can visit to see where your grievance is in the process.