Suing

In Ontario, you might submit a claim 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’ve lost your job, please see Employment Ontario to find out how they can assist you get training, develop skills or find a new job.

Suing

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

File a claim

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

File a PCPA claim

Watch the suing video to understand what to anticipate when submitting a work requirements declare

If you have actually already started a claim

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

– sign in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have previously registered for the claimant website using a ONe-Key account, please select the sign-in/ develop account button and develop 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 e-mail address, you will not be able to see any of your formerly submitted claims. If you require assistance, please call 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 use the website.

Internet internet browser requirements

To file a claim online utilizing e-claim or to access the claimant website you should use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can likewise 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 declares

Most staff members operating 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 unique rules and/or exemptions that may apply to them.

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

Examples of ESA infractions include:

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

– Not supplying a worker with time off for an entitled leave of absence under the ESA or punishing a worker for taking such a leave.

– Not providing a staff member with wage statements or other needed files.

For job additional information, job 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 uses to Ontario workplaces. The rules under the ESA are minimum requirements. You may have greater rights under:

– an employment agreement

– collective arrangement

– the typical law

– other legislation

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

Time limitations for submitting an ESA claim

There are time limits that use to filing an ESA claim. Generally, you must sue within 2 years of the alleged ESA infraction. If you submit a claim within the two-year limitation a work standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim may be made when you believe your company or a recruiter has actually violated your rights under the EPFNA.

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

Examples of EPFNA offenses include:

– a recruiter charging you any fees

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

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

– a recruiter or employer punishing you for inquiring 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 wages owed, you might have the ability to submit a claim under the ESA.

Time frame for job filing an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work requirements officer can typically issue 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.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies particular workplace defenses to kid entertainers who are under 18 years of age working in the live and documented show business.

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

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– employers.

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

Discover more about the rights of child performers 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 not been provided to a child entertainer in Ontario. Filing a claim is free.

To submit a claim, you must be either:

– a kid entertainer under 18 years of age.

– the moms and dad or guardian of a child entertainer under 18 years of age.

The child performer must not be covered by a collective contract.

To submit a claim:

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

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

2. Fill out the kind with all the needed info.

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

Please just submit your claim once.

After you sue:

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

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

Time restricts to filing a PCPA claim

Generally, a PCPA claim must be submitted within two 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 very same issue.Note: If you submit 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 two weeks after it is submitted.

This claim form is not intended for you if:

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

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

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

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

What to expect after you submit a claim

Claims are investigated in the order that they are received. The quantity of time it takes for job a claim to be appointed varies, depending upon numerous elements, including the quantity of incoming claims. Anyone who sends a work standards declare receives a confirmation and is designated a claim number. You will be called by the ministry once the claim has actually been designated for investigation.

The claims examination process can take a number of months. Most of the times, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not resolved by the ERO, job the claim will then be appointed to a work standards officer (ESO). The ESO finishes the examination, provides a composed decision and takes enforcement action if essential.

To prevent delays with processing your claim, please guarantee all information is appropriate and supporting files are submitted. If you are submitting a problem, you need to register for the claimant portal so you can visit to see where your complaint is in the process.