Suing

In Ontario, you may submit 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 find out how they can help you get training, construct abilities or find a new task.

Suing

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

File a claim

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

File a PCPA claim

Watch the filing a claim video to understand what to expect when filing 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:

– check in to continue your claim

– examine the status of your claim

– upload to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant website using a ONe-Key account, please choose the sign-in/ produce account button and develop a My Ontario account using the very same email address that was utilized when you registered in the claimant website. If you do not utilize the very same e-mail address, you will not have the ability to see any of your formerly sent claims. If you need assistance, please contact the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an overview of the portal features, consisting of how to sign-up and utilize the website.

Internet browser requirements

To submit a claim online using e-claim or to access the claimant website you should 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 forms

You can likewise file 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, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

Most workers 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 special guidelines and/or exemptions that might use to them.

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

Examples of ESA offenses consist of:

– Failure to pay an employee the appropriate rate of pay and/or public vacation pay, job holiday pay or other wages 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 supplying an employee with wage declarations or other required files.

For more info, check out Your Guide to the Employment Standards Act or the Guide to unique 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 greater rights under:

– an employment agreement

– collective agreement

– the typical law

– other legislation

If you have questions about your entitlements, you may want to get in touch with a legal representative.

Time frame for submitting an ESA claim

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

Similarly, if your employer owes you salaries, the earnings must have been owed to you in the two 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 actually breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign temporary worker program. For instance, if you are working or job looking for work in Ontario through the federal Temporary Foreign Worker Program, job or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA violations include:

– an employer charging you any costs

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

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

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

Foreign nationals employed in Ontario likewise have rights under the ESA. For instance, if you are not being paid all incomes owed, you might have the ability to sue under the ESA.

Time limits for filing an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work requirements officer can normally provide 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 specific workplace protections to kid performers who are under 18 years of age working in the live and documented home entertainment industries.

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

The PCPA applies to:

– child performers.

– their moms and dads.

– their guardians.

– employers.

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

Discover more about the rights of child entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

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

To sue, job you need to be either:

– a kid performer under 18 years of age.

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

The child entertainer must not be covered by a cumulative arrangement.

To sue:

Download the claim kind from the forms repository and save it to your computer system.

1. Open the kind with Adobe Reader (download Adobe Reader for complimentary).

2. Complete the form with all the needed details.

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

Please only file your claim when.

After you file a claim:

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

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

Time restricts to filing a PCPA claim

Generally, a PCPA claim should be filed within two years of the alleged PCPA infraction.

When a claim can not be submitted

Generally, job a claim can not be submitted if:

– you have actually taken court action versus your employer for the very 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 need to withdraw your submitted claim within 2 weeks after it is filed.

This claim kind is not planned for you if:

– you operate in an industry that falls under federal jurisdiction.

– you want to file a problem about occupational health and safety.

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

– you wish to submit 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 gotten. The quantity of time it takes for a claim to be appointed differs, depending upon several elements, including the quantity of incoming claims. Anyone who submits a work requirements claim receives a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for job investigation.

The claims examination procedure can take numerous months. Most of the times, a claim is designated 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, offers a composed decision and takes enforcement action if necessary.

To avoid delays with processing your claim, please make sure all information is proper and supporting files are filed. If you are submitting a problem, you must sign up for the claimant website so you can log in to see where your grievance is in the procedure.