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Suing

In Ontario, you may file a claim with the Ministry of Labour, Immigration, Training and referall.us 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 violated.

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

Suing

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

Sue

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

File a PCPA claim

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

If you have already begun a claim

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

– sign 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 signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ create account button and a My Ontario account utilizing the very same email address that was utilized when you enrolled in the claimant portal. If you do not utilize the same e-mail 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/ develop account

Watch the claimant portal video for an introduction of the portal functions, including how to sign-up and utilize the website.

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

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 workers working in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some workers who are covered by the ESA have unique guidelines and/or exemptions that may use to them.

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

Examples of ESA infractions consist of:

– Failure to pay a worker the right rate of pay and/or public vacation pay, holiday pay or other incomes they are entitled to under the ESA.

– Not supplying a worker with time off for an entitled leave of absence under the ESA or punishing a staff member for taking such a leave.

– Not providing an employee with wage declarations or other required documents.

For additional information, go to 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 work environments. The guidelines under the ESA are minimum requirements. You might have higher rights under:

– a work contract

– cumulative contract

– the common law

– other legislation

If you have concerns about your privileges, you might wish to contact an attorney.

Time frame for submitting an ESA claim

There are time frame that apply to submitting an ESA claim. Generally, you should file a claim within 2 years of the supposed ESA offense. If you file a claim within the two-year limit an employment requirements officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim may be made when you believe your employer or a recruiter has breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or foreign short-lived staff member 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, the EPFNA would likely use to you.

Examples of EPFNA infractions include:

– an employer charging you any costs

– an employer charging you for working with costs (with limited exceptions).

– a recruiter or company holding onto your residential or commercial property (such as a passport).

– a recruiter or employer punishing you for asking about or exercising your EPFNA rights.

Foreign nationals employed in Ontario also have rights under the ESA. For instance, if you are not being paid all earnings owed, you may be able to submit a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment standards officer can normally issue an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers certain office protections to child entertainers who are under 18 years of age working in the live and documented entertainment industries.

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

The PCPA uses to:

– child performers.

– their parents.

– their guardians.

– employers.

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

Find out more about the rights of child performers 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 provided to a child performer in Ontario. Suing is free.

To sue, you need to be either:

– a kid performer under 18 years of age.

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

The kid entertainer need to not be covered by a collective arrangement.

To file a claim:

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

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

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

3. Select the “send by e-mail” button within the type to submit 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, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.

Time restricts to filing a PCPA claim

Generally, a PCPA claim must 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 actually taken court action against your company for the exact same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your submitted claim within two weeks after it is filed.

This claim kind is not intended for you if:

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

– you wish to submit a grievance about occupational health and security.

– you want to submit a human rights problem under the Human Rights Code.

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

What to expect after you file a claim

Claims are examined in the order that they are gotten. The amount of time it takes for a claim to be assigned varies, depending upon a number of aspects, including the quantity of inbound claims. Anyone who sends a work requirements declare gets a confirmation and is designated a claim number. You will be called by the ministry once the claim has actually been appointed for investigation.

The claims investigation procedure can take a number of months. In many cases, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO completes the examination, provides a composed decision and takes enforcement action if necessary.

To avoid delays with processing your claim, please guarantee all information is correct and supporting files are filed. If you are sending a complaint, you must sign up for the claimant website so you can visit to see where your problem is in the process.

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