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 skills or find a new job.

Suing

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

Sue

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

File a PCPA claim

Watch the suing video to comprehend what to anticipate when submitting a work standards claim

If you have actually already started a claim

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

– check in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant website utilizing a ONe-Key account, please select the sign-in/ create 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 use the same e-mail address, you will not have the ability to see any of your previously submitted claims. If you need help, please call the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for an introduction of the portal features, consisting of 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 utilize:

– 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 employment EPFNA claim utilizing the PDF claim type.

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 claims

Most staff members 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 guidelines and/or exemptions that may apply to them.

A claim might be made when you think your employer has breached your rights under the ESA.

Examples of ESA violations include:

– Failure to pay an employee the proper rate of pay and/or public vacation pay, trip pay or other incomes they are entitled to under the ESA.

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

– Not offering a worker with wage declarations or other required documents.

For more details, 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 uses to Ontario work environments. The rules under the ESA are minimum requirements. You may have higher rights under:

– an employment contract

– cumulative arrangement

– the typical law

– other legislation

If you have questions about your privileges, employment you may wish to call a legal representative.

Time frame for submitting an ESA claim

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

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

Employment Protection for Foreign Nationals Act claims

A claim may 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 a migration or employment foreign temporary 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 Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA violations include:

– a recruiter charging you any charges

– an employer charging you for hiring costs (with limited exceptions).

– a recruiter or company holding onto your residential or employment commercial property (such as a passport).

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

Foreign nationals used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, employment you may have the ability to file a claim under the ESA.

Time frame 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 violation. Similarly, a work standards officer can usually release an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers certain work environment protections to kid performers who are under 18 years of age working in the live and taped home entertainment industries.

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

The PCPA applies to:

– child performers.

– their parents.

– their guardians.

.

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

Discover more about the rights of kid entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace protections have not been supplied to a kid performer in Ontario. Suing is complimentary.

To sue, you should be either:

– a kid entertainer under 18 years of age.

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

The kid performer need to not be covered by a cumulative agreement.

To sue:

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

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

2. Fill out the type with all the needed details.

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

Please only file your claim as soon as.

After you sue:

– You will receive an email verification 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 should be submitted within two years of the supposed PCPA offense.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action against your employer for the exact same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, employment you should withdraw your sent claim within two 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 wish to submit a problem about occupational health and safety.

– you want to submit a human rights complaint under the Human Rights Code.

– you want to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you file a claim

Claims are examined in the order that they are received. The amount of time it takes for a claim to be appointed varies, depending upon a number of factors, consisting of the amount of inbound claims. Anyone who submits an employment requirements claim receives a verification and is designated a claim number. You will be contacted by the ministry once the claim has actually been designated for investigation.

The claims examination process can take a number of months. In most cases, 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 a work requirements officer (ESO). The ESO finishes the investigation, provides a written choice and takes enforcement action if required.

To avoid delays with processing your claim, please guarantee all details is proper and supporting files are submitted. If you are sending a grievance, you ought to register for the claimant website so you can visit to see where your complaint remains in the process.