Suing

In Ontario, you may sue with the Ministry of Labour, employment Immigration, Training and Skills Development if you think the Employment Standards Act (ESA), Employment Protection for employment Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being violated.

If you have actually lost your task, please visit Employment Ontario to find out how they can help you get training, build abilities or discover a brand-new job.

Filing a claim

You can submit a claim online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

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

File a PCPA claim

Watch the suing video to understand what to expect when filing a work requirements declare

If you have actually currently started a claim

If you have already begun or sued through the claimant portal, you can:

– sign in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

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

Sign-in/ create account

Watch the claimant portal video for a summary of the portal functions, including how to sign-up and utilize the portal.

Internet web browser requirements

To sue online utilizing e-claim or to access the claimant portal you should utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can likewise submit an ESA or EPFNA claim utilizing 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 declares

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

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

Examples of ESA offenses consist of:

– Failure to pay an employee the right rate of pay and/or public vacation pay, getaway pay or employment other wages they are entitled to under the ESA.

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

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

For additional information, 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 work environments. The rules under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– cumulative agreement

– the common law

– other legislation

If you have questions about your entitlements, you might 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 need to file a claim within 2 years of the alleged ESA offense. If you submit a claim within the two-year limit an employment standards officer will investigate the claim.

Similarly, if your company owes you earnings, the salaries should have been owed to you in the 2 years before your claim was filed for employment the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim might be made when you believe your company or an employer has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through a migration or foreign momentary staff member program. For example, if you are working or searching for work 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 violations consist of:

– an employer charging you any charges

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

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

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

Foreign nationals utilized in Ontario likewise have rights under the ESA. For example, if you are not being paid all incomes owed, you might have the ability to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, an employment requirements officer can usually provide an order for to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers particular work environment defenses to child entertainers who are under 18 years of age working in the live and taped home entertainment industries.

It consists of minimum rights with respect to hours of work, breaks and payment of travel expenditures.

The PCPA applies to:

– child performers.

– their parents.

– their guardians.

– companies.

Sections are enforced 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 file a PCPA claim if you believe workplace protections have not been offered to a kid entertainer in Ontario. Filing a claim is totally free.

To submit a claim, you need to be either:

– a kid performer under 18 years of age.

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

The kid entertainer must not be covered by a cumulative contract.

To sue:

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

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

2. Complete the kind with all the needed info.

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

Please only file your claim once.

After you sue:

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

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

Time limits to filing a PCPA claim

Generally, a PCPA claim should be submitted within 2 years of the supposed 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 very same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and employment choose to pursue your rights through the courts, you must withdraw your sent claim within 2 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 wish to file a complaint about occupational health and security.

– you wish 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 submit a claim

Claims are examined in the order that they are gotten. The quantity of time it takes for a claim to be assigned differs, depending upon numerous factors, including the amount of inbound claims. Anyone who submits a work standards declare receives a verification and is appointed a claim number. You will be called by the ministry once the claim has been assigned for examination.

The claims examination procedure can take several months. In the majority of cases, a claim is appointed 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 completes the investigation, offers a written decision and takes enforcement action if necessary.

To prevent hold-ups with processing your claim, please make sure all info is right and supporting files are filed. If you are sending a problem, you need to sign up for the claimant website so you can log in to see where your complaint remains in the process.