Suing

In Ontario, you might sue 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 breached.

If you have actually lost your task, please go to Employment Ontario to discover how they can assist you get training, build abilities or discover a brand-new task.

Suing

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

File a claim

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

File a PCPA claim

Watch the submitting a claim video to comprehend what to expect when filing an employment standards claim

If you have currently begun a claim

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

– indication 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 formerly signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ produce account button and employment produce a My Ontario account utilizing the same email address that was utilized when you registered in the claimant portal. If you do not use the same e-mail address, you will not have the ability to see any of your previously sent claims. If you require support, employment please call the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet browser requirements

To file a claim online using e-claim or to access the claimant website you must use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also submit an ESA or EPFNA claim using the 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 claims

Most workers working in Ontario are covered by the ESA. However, some workers 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 might be made when you believe your company has actually breached your rights under the ESA.

Examples of ESA offenses include:

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

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

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

To learn more, see 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 rules under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– cumulative arrangement

– the typical law

– other legislation

If you have questions about your entitlements, you might wish to contact a lawyer.

Time frame for filing 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 offense. If you submit a claim within the two-year limit a work standards officer will examine the claim.

Similarly, if your employer owes you incomes, the incomes need to 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 might be made when you think your company or an employer has violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through a migration or foreign short-lived employee program. For instance, 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:

– an employer charging you any charges

– a company charging you for working with expenses (with minimal exceptions).

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

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

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

Time limits for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, an employment requirements officer can normally provide an order for employment money owed to you under the EPFNA in the three-and-a-half-year period 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 certain office protections to kid 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 moms and dads.

– their guardians.

– employers.

Sections are implemented by the Health and wellness 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 submit a PCPA claim if you think workplace defenses have not been supplied to a child performer in Ontario. Filing a claim is totally free.

To sue, you must be either:

– a kid entertainer under 18 years of age.

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

The child performer need to not be covered by a collective contract.

To sue:

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

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

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

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

Please just file your claim once.

After you sue:

– You will receive an email confirmation that includes your claim number.

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

Time restricts to filing a PCPA claim

Generally, a PCPA claim need to be filed within two years of the supposed PCPA violation.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have taken court action against your company 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 must withdraw your submitted claim within 2 weeks after it is submitted.

This claim type is not meant for employment you if:

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

– you want to submit a problem about occupational health and wellness.

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

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

What to expect after you sue

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

The claims investigation process can take a number of months. In many cases, a claim is designated 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 a work standards officer (ESO). The ESO finishes the investigation, provides a written choice and takes enforcement action if essential.

To avoid hold-ups with processing your claim, please ensure all info is correct and supporting documents are submitted. If you are sending a problem, you must register for the claimant website so you can visit to see where your problem is in the procedure.