Suing

In Ontario, you might file 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 have actually lost your task, please check out Employment Ontario to find out how they can help you get training, construct abilities or find a brand-new task.

Filing a claim

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

Sue

You can also submit a claim online for concerns associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to expect when submitting an employment requirements claim

If you have actually currently begun a claim

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

– sign in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account utilizing the very same e-mail address that was used when you enrolled in the claimant portal. If you do not utilize the same e-mail address, you will not have the ability to see any of your formerly sent claims. If you need support, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can also 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 employees working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some staff members who are covered by the ESA have unique guidelines and/or exemptions that may use to them.

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

Examples of ESA infractions include:

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

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

– Not offering an employee with wage statements or other required documents.

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

The ESA is not the only law that applies to Ontario work environments. The rules under the ESA are minimum requirements. You might have greater rights under:

– a work contract

– cumulative agreement

– the typical law

– other legislation

If you have questions about your entitlements, you might want to call a lawyer.

Time frame for filing an ESA claim

There are time limitations that use to filing an ESA claim. Generally, you should sue within two years of the supposed ESA infraction. If you sue within the two-year limitation an employment requirements officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim might be made when you think your employer or an employer has broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through an immigration or foreign temporary staff member 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, referall.us the EPFNA would likely use to you.

Examples of EPFNA violations consist of:

– a recruiter charging you any costs

– an employer charging you for hiring expenses (with restricted exceptions).

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

– an employer or employer punishing you for inquiring about or exercising your EPFNA rights.

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

Time limitations for 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 offense. Similarly, an employment requirements officer can typically release 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 claims

The Protecting Child Performers Act (PCPA) supplies specific workplace protections to kid performers who are under 18 years of age working in the live and recorded show business.

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

The PCPA applies to:

– child performers.

– their parents.

– their guardians.

– companies.

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

Learn more about the rights of child performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace defenses have not been provided to a kid entertainer in Ontario. Suing is complimentary.

To sue, you should be either:

– a child entertainer under 18 years of age.

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

The kid performer must not be covered by a cumulative agreement.

To submit a claim:

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

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

2. Complete the kind with all the needed details.

3. Select the „send by email“ button within the type to send your claim.

Please only file your claim when.

After you sue:

– You will receive an email confirmation 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 submitted within two years of the alleged PCPA infraction.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually taken court action against your company for the exact same issue.Note: If you file 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 submitted claim within two weeks after it is filed.

This claim kind is not meant 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 desire 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 anticipate after you submit a claim

Claims are investigated in the order that they are received. The amount of time it takes for a claim to be designated varies, depending on several aspects, including the amount of incoming claims. Anyone who submits a work standards claim gets a verification and is assigned 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 a number of months. In most cases, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO completes the investigation, provides a written decision and takes enforcement action if essential.

To avoid hold-ups with processing your claim, please guarantee all details is right and supporting files are submitted. If you are submitting a problem, you need to sign up for the claimant website so you can visit to see where your grievance remains in the process.