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 broken.

If you have actually lost your task, please see Employment Ontario to learn how they can assist you get training, develop skills or find a new job.

Suing

You can file a claim online for any issues connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

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

File a PCPA claim

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

If you have already begun a claim

If you have actually currently started or filed a claim through the claimant website, you can:

– indication in to continue your claim

– inspect the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have formerly registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ create account button and produce a My Ontario account utilizing the very same e-mail address that was used when you registered in the claimant portal. If you do not use the exact same email address, you will not be able to see any of your previously sent claims. If you require assistance, please contact the Employment Standards Information Centre.

Sign-in/ produce 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 submit a claim online utilizing e-claim or to access the claimant portal you must utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other browsers might work, but they are not supported by the e-claim or .

PDF claim forms

You can likewise submit 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 claims

Most employees operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that may apply to them.

A claim may be made when you believe your employer has breached your rights under the ESA.

Examples of ESA violations consist of:

– Failure to pay a staff member the right rate of pay and/or public holiday pay, getaway pay or other wages they are entitled to under the ESA.

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

– Not providing a worker with wage statements or other needed files.

To learn more, visit 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 workplaces. The rules under the ESA are minimum requirements. You may have higher rights under:

– an employment contract

– cumulative contract

– the common law

– other legislation

If you have concerns about your privileges, you may want to contact a lawyer.

Time frame for submitting an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you must submit a claim within two years of the supposed ESA violation. If you sue within the two-year limit an employment standards officer will examine the claim.

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

Employment Protection for job Foreign Nationals Act declares

A claim may be made when you believe your employer or an employer has violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign temporary staff member program. For instance, if you are working or searching for 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 offenses consist of:

– an employer charging you any fees

– an employer charging you for employing expenses (with limited exceptions).

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

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

Foreign nationals used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all wages owed, you may be able to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, a work standards officer can typically 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides specific work environment securities to child entertainers who are under 18 years of age working in the live and taped show business.

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

The PCPA applies to:

– child performers.

– their moms and dads.

– their guardians.

– companies.

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

Find out more about the rights of kid performers under the PCPA and job check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace protections have not been provided to a child entertainer in Ontario. Suing is totally free.

To submit a claim, you should be either:

– a kid entertainer under 18 years of age.

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

The kid performer should not be covered by a cumulative arrangement.

To sue:

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

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

2. Fill in the form with all the required information.

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

Please just file your claim as soon as.

After you file a claim:

– You will get 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 restricts to filing a PCPA claim

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

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually taken court action versus 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, you should withdraw your sent claim within two weeks after it is submitted.

This claim type is not planned for you if:

– you operate in a market that falls under federal jurisdiction.

– you desire to file a problem about occupational health and wellness.

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

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

What to anticipate after you file a claim

Claims are examined in the order that they are received. The quantity of time it considers a claim to be designated differs, depending on numerous aspects, including the amount of inbound claims. Anyone who sends an employment standards claim gets a confirmation and is appointed a claim number. You will be called by the ministry once the claim has been appointed for examination.

The claims investigation procedure can take a number of months. In the majority of cases, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO finishes the examination, offers a composed decision and takes enforcement action if necessary.

To prevent delays with processing your claim, please guarantee all details is proper and supporting documents are submitted. If you are submitting a problem, you must sign up for the claimant website so you can log in to see where your problem remains in the process.