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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 violated.
If you have actually lost your job, please visit Employment Ontario to discover how they can help you get training, develop skills or discover a new job.
Suing
You can file a claim online for any issues 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 concerns relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to anticipate when filing a work requirements declare
If you have actually currently begun a claim
If you have actually currently started or sued through the claimant portal, 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 previously registered for the claimant portal using a ONe-Key account, please select the sign-in/ produce account button and develop a My Ontario account using the exact same email address that was used when you in the claimant website. If you do not utilize the very same e-mail address, you will not be able to see any of your formerly submitted claims. If you need assistance, please call the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for an overview of the portal features, including how to sign-up and use the website.
Internet internet browser requirements
To sue online using e-claim or to access the claimant portal you must use:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other internet browsers might 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 utilizing 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, employment Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4
Employment Standards Act claims
Most employees working in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some employees 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 breached your rights under the ESA.
Examples of ESA violations consist of:
– Failure to pay a staff member the proper rate of pay and/or public holiday pay, trip pay or other wages they are entitled to under the ESA.
– Not providing an employee with time off for an entitled leave of lack under the ESA or punishing a staff member for taking such a leave.
– Not offering an employee with wage statements or other required documents.
For additional information, check out Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.
The ESA is not the only law that uses to Ontario work environments. The rules under the ESA are minimum requirements. You might have higher rights under:
– an employment agreement
– collective contract
– the typical law
– other legislation
If you have questions about your entitlements, you may wish to call an attorney.
Time limitations for submitting an ESA claim
There are time limits that apply to filing an ESA claim. Generally, you need to sue within 2 years of the supposed ESA violation. If you sue within the two-year limitation a work standards officer will investigate the claim.
Similarly, if your employer owes you earnings, the incomes should have been owed to you in the two years before your claim was applied for the salaries 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 applies to foreign nationals who work or are seeking work in Ontario through an immigration or foreign short-term staff member program. For example, if you are working or searching for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.
Examples of EPFNA offenses include:
– a recruiter charging you any charges
– an employer charging you for employing costs (with limited exceptions).
– an employer or employer holding onto your residential or commercial property (such as a passport).
– an employer or company penalizing you for employment inquiring about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For example, if you are not being paid all incomes owed, you may be able to submit a claim under the ESA.
Time limits for filing an EPFNA claim
Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work requirements officer can normally 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.
Discover more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) offers certain work environment securities to child performers who are under 18 years of age working in the live and recorded show business.
It includes minimum rights with regard to hours of work, breaks and payment of travel costs.
The PCPA applies to:
– child performers.
– their moms and dads.
– their guardians.
– employers.
Sections are imposed by the Health and wellness Program or employment 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 defenses have actually not been provided to a kid performer in Ontario. Suing is free.
To file a claim, you need to be either:
– a kid entertainer under 18 years of age.
– the moms and dad or employment guardian of a child entertainer under 18 years of age.
The child entertainer should not be covered by a cumulative contract.
To sue:
Download the claim type from the kinds repository and save it to your computer.
1. Open the type with Adobe Reader (download Adobe Reader free of charge).
2. Complete the form with all the required details.
3. Select the „send by email“ button within the type to submit your claim.
Please just submit your claim as soon as.
After you sue:
– You will get an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as quickly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim need to be submitted within two years of the supposed PCPA violation.
When a claim can not be submitted
Generally, a claim can not be filed if:
– you have taken court action versus your employer for the exact same issue.Note: If you sue with the Ministry of Labour, employment Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your sent claim within 2 weeks after it is filed.
This claim kind is not meant for you if:
– you operate in a market that falls under federal jurisdiction.
– you wish to submit a complaint about occupational health and security.
– you want to submit a human rights problem under the Human Rights Code.
– you desire to sue 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 amount of time it considers a claim to be appointed differs, depending on several factors, consisting of the amount of inbound claims. Anyone who submits a work requirements claim receives a confirmation and employment 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 investigation procedure can take a number of months. Most of the times, a claim is assigned to an early resolution officer (ERO) for preliminary examination. If the claim is not resolved by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO completes the examination, supplies a written decision and takes enforcement action if required.
To prevent delays with processing your claim, please ensure all information is proper and supporting files are filed. If you are submitting a problem, you should register for the claimant website so you can visit to see where your problem is in the process.