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 breached.

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

Filing a claim

You can submit a claim 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 associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have already begun a claim

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

– indication in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have previously signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ produce account button and produce a My Ontario account utilizing the very same email address that was utilized when you enrolled in the claimant website. If you do not utilize the exact same e-mail address, you will not be able to see any of your previously sent claims. If you require help, please call the Employment Standards Information Centre.

Sign-in/ produce 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 utilizing e-claim or to access the claimant website you should use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can also file 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 staff members 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 breached your rights under the ESA.

Examples of ESA violations include:

– Failure to pay an employee the proper rate of pay and/or public holiday pay, holiday pay or other salaries 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 a worker for taking such a leave.

– Not supplying a staff member with wage declarations or other required documents.

For more details, go to Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

The ESA is not the only law that uses to Ontario workplaces. The rules 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 concerns about your privileges, you might want to call an attorney.

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 2 years of the supposed ESA infraction. If you sue within the two-year limitation an employment standards officer will examine the claim.

Similarly, if your company owes you salaries, the salaries must have been owed to you in the 2 years before your claim was applied for the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you think your employer or a recruiter has violated 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 employee program. For example, if you are working or trying to find operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, employment the EPFNA would likely apply to you.

Examples of EPFNA offenses consist of:

– a you any costs

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

– a recruiter or company holding onto your home (such as a passport).

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

Foreign nationals employed in Ontario also have rights under the ESA. For example, if you are not being paid all incomes owed, you may have the ability to submit a claim under the ESA.

Time limits for submitting an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can generally release an order for employment money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies certain work environment securities to kid performers who are under 18 years of age working in the live and documented show business.

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

The PCPA uses to:

– child performers.

– their moms and dads.

– their guardians.

– employers.

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

Discover more about the rights of child 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 not been offered to a child entertainer in Ontario. Suing is complimentary.

To submit a claim, you must be either:

– a kid entertainer under 18 years of age.

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

The child performer must not be covered by a cumulative agreement.

To submit a claim:

Download the claim kind from the kinds repository and wait to your computer system.

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

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

3. Select the «send by e-mail» button within the form to send your claim.

Please just file your claim once.

After you sue:

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

Ministry of Labour, employment Immigration, Training and Skills Development personnel will investigate your claim as rapidly as possible.

Time frame to filing a PCPA claim

Generally, a PCPA claim must be submitted within two years of the alleged PCPA violation.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action against 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 two weeks after it is submitted.

This claim type is not intended for you if:

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

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

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

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

What to expect after you submit a claim

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

The claims investigation process can take numerous months. For the most part, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not fixed by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO finishes the examination, provides a composed decision and takes enforcement action if essential.

To avoid delays with processing your claim, please make sure all info is correct and supporting files are submitted. If you are sending a complaint, you should sign up for the claimant website so you can log in to see where your grievance remains in the procedure.