Suing

In Ontario, you may file a claim 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 job, please see Employment Ontario to find out how they can help you get training, employment construct abilities or find a brand-new task.

Suing

You can submit a claim online for any concerns associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

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

File a PCPA claim

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

If you have actually already begun a claim

If you have already begun or filed a claim 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 actually previously signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ produce account button and produce a My Ontario account utilizing the same email address that was used when you enrolled in the claimant website. If you do not use the exact same email address, you will not be able to see any of your formerly sent claims. If you need assistance, please call the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet internet browser requirements

To submit a claim online using e-claim or to access the claimant portal you need to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can likewise file 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 working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that may use to them.

A claim might be made when you believe your employer has broken your rights under the ESA.

Examples of ESA offenses include:

– Failure to pay an employee the proper rate of pay and/or public vacation pay, holiday pay or other incomes they are entitled to under the ESA.

– Not offering a staff member with time off for an entitled leave of lack under the ESA or employment punishing a staff member for taking such a leave.

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

For employment additional information, see 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 offices. The guidelines under the ESA are minimum requirements. You might have higher rights under:

– an employment agreement

– cumulative arrangement

– the typical law

– other legislation

If you have questions about your privileges, you may wish to get in touch with a lawyer.

Time frame for filing an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you need to submit a claim within 2 years of the supposed ESA offense. If you sue within the two-year limitation an employment standards officer will investigate the claim.

Similarly, if your employer owes you incomes, the incomes need to have been owed to you in the 2 years before your claim was declared the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim might be made when you think your company or a recruiter has breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through a migration or foreign short-lived worker program. For example, 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 violations include:

– an employer charging you any charges

– a company charging you for employing costs (with limited exceptions).

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

– an employer or employer penalizing you for asking 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 sue under the ESA.

Time limits for 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, a work standards officer can generally provide an order for money owed 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 Act declares

The Protecting Child Performers Act (PCPA) offers certain work environment securities to kid entertainers who are under 18 years of age working in the live and recorded entertainment markets.

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

The PCPA uses to:

– child entertainers.

– their parents.

– their guardians.

– companies.

Sections are implemented by the Health and wellness Program or the Employment Standards Program.

Learn more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace protections have actually not been supplied to a kid entertainer in Ontario. Suing is free.

To sue, you should be either:

– a kid entertainer under 18 years of age.

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

The kid performer need to not be covered by a cumulative agreement.

To file a claim:

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

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

2. Complete the form with all the required details.

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

Please only file your claim as soon as.

After you sue:

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

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim must be filed within two years of the supposed PCPA infraction.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action against your employer for the same issue.Note: If you submit 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 two weeks after it is filed.

This claim form is not planned 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 submit a human rights grievance under the Human Rights Code.

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

What to expect after you file a claim

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 numerous aspects, including the quantity of incoming claims. Anyone who sends a work standards declare receives a verification and is designated a claim number. You will be called by the ministry once the claim has actually been assigned for investigation.

The claims investigation process can take a number of months. In most cases, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not dealt with by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO completes the investigation, offers a written choice and takes enforcement action if required.

To prevent hold-ups with processing your claim, employment please ensure all information is proper and supporting files are filed. If you are submitting a complaint, you need to register for the claimant portal so you can visit to see where your problem remains in the procedure.