Suing

In Ontario, you may sue 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’ve lost your job, please go to Employment Ontario to find out how they can assist 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 file a claim online for problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when filing an employment standards declare

If you have actually already started a claim

If you have actually currently begun or submitted a claim through the claimant portal, you can:

in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have previously registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ create account button and produce a My Ontario account using the very same email address that was utilized when you enrolled in the claimant portal. If you do not utilize the very same email address, you will not be able to see any of your formerly sent claims. If you require support, please get in touch with the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for an overview 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 website you must utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can also submit an ESA or EPFNA claim utilizing the PDF claim form.

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 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 may be made when you think your company has actually broken your rights under the ESA.

Examples of ESA offenses include:

– Failure to pay a worker the correct rate of pay and/or public vacation pay, holiday pay or other wages they are entitled to under the ESA.

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

– Not providing a staff member with wage statements or other required documents.

To learn more, visit 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 guidelines under the ESA are minimum requirements. You may have greater rights under:

– an employment agreement

– collective arrangement

– the common law

– other legislation

If you have questions about your privileges, you may want to call an attorney.

Time frame for filing an ESA claim

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

Similarly, if your company owes you salaries, the salaries need to have been owed to you in the 2 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 believe your company or a recruiter has actually broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign momentary employee program. For instance, if you are working or searching for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA offenses include:

– a recruiter charging you any costs

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

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

– an employer or employer punishing you for asking 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 salaries owed, you may have the ability to submit a claim under the ESA.

Time limitations for referall.us submitting an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment standards officer can generally issue an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides certain office defenses 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 expenses.

The PCPA applies to:

– kid entertainers.

– their parents.

– their guardians.

– employers.

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

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

Filing a PCPA claim

You can file a PCPA claim if you think workplace securities have actually not been supplied to a kid performer in Ontario. Filing a claim is totally free.

To file a claim, you need to be either:

– a child entertainer under 18 years of age.

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

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

To sue:

Download the claim form from the kinds repository and conserve it to your computer system.

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

2. Complete the form with all the required info.

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

Please only submit your claim as soon as.

After you sue:

– You will get an e-mail confirmation that includes your claim number.

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim must be filed within 2 years of the alleged PCPA offense.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action versus your company for the exact same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you should 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 file a complaint about occupational health and wellness.

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

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

What to anticipate after you sue

Claims are investigated in the order that they are received. The quantity of time it takes for a claim to be designated differs, depending upon a number of elements, including the amount of inbound claims. Anyone who sends a work requirements claim gets a verification and is appointed a claim number. You will be called by the ministry once the claim has actually been designated for examination.

The claims investigation procedure can take a number of months. Most of the times, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not solved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO completes the examination, supplies a composed choice and takes enforcement action if required.

To prevent delays with processing your claim, please make sure all info is proper and supporting files are filed. If you are sending a grievance, you ought to sign up for the claimant portal so you can log in to see where your problem is in the process.