Suing

In Ontario, you may file a claim 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 violated.

If you’ve lost your job, please check out Employment Ontario to find out how they can help you get training, build abilities or find a brand-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).

File a claim

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

File a PCPA claim

Watch the suing video to understand what to anticipate when filing a work standards declare

If you have currently started a claim

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

– check 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 utilizing a ONe-Key account, please select the sign-in/ create account button and create a My Ontario account utilizing the very same email address that was used when you enrolled in the claimant portal. If you do not use the exact same e-mail address, you will not have the ability to see any of your previously sent claims. If you require help, please get in touch with the Employment Standards Information Centre.

Sign-in/ create account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can also file 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 staff members operating in Ontario are covered by the ESA. However, some staff members 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 employer has actually violated your rights under the ESA.

Examples of ESA violations include:

– Failure to pay a worker the correct rate of pay and/or public holiday pay, trip pay or other earnings they are entitled to under the ESA.

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

– Not providing a worker with wage declarations or other required files.

For 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 rules under the ESA are minimum requirements. You may have greater rights under:

– an employment agreement

– collective agreement

– the typical law

– other legislation

If you have questions about your entitlements, you may wish to contact an attorney.

Time limits for filing an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you should sue within two years of the alleged ESA infraction. If you submit a claim within the two-year limitation a work requirements officer will examine the claim.

Similarly, if your company owes you wages, the incomes must have been owed to you in the two 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 may be made when you believe your company or a recruiter has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through an immigration or foreign temporary worker program. For instance, if you are working or trying to find operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.

Examples of EPFNA offenses consist of:

– a recruiter charging you any fees

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

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

– a recruiter or employer penalizing 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 wages owed, you might have the ability to sue under the ESA.

Time limits for submitting an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, an employment standards officer can typically release an order for cash owed to you under the EPFNA in the three-and-a-half-year period 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) supplies certain office securities to child entertainers 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 applies to:

– child performers.

– their moms and dads.

– their guardians.

– employers.

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

Find out 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 securities have actually not been supplied to a kid performer in Ontario. Suing is free.

To sue, you need to be either:

– a child entertainer under 18 years of age.

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

The child entertainer must not be covered by a collective arrangement.

To submit a claim:

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

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

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

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

Please only file your claim as soon as.

After you submit a claim:

– 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 quickly as possible.

Time restricts to filing a PCPA claim

Generally, a PCPA claim must be submitted within 2 years of the alleged PCPA violation.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action versus 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 sent claim within 2 weeks after it is submitted.

This claim kind is not meant for you if:

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

– you want to file a grievance about occupational health and safety.

– you want to file a human rights grievance 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 investigated in the order that they are gotten. The amount of time it considers a claim to be assigned differs, depending on a number of aspects, including the quantity of inbound claims. Anyone who sends an employment standards declare gets a verification and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has actually been assigned for investigation.

The claims examination process can take numerous months. In many cases, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not resolved by the ERO, the claim will then be appointed to a work (ESO). The ESO finishes the examination, provides a written decision and takes enforcement action if needed.

To prevent delays with processing your claim, please guarantee all info is right and supporting documents are submitted. If you are submitting a complaint, you need to register for the claimant portal so you can log in to see where your problem remains in the procedure.