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Suing

In Ontario, you may submit 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 learn how they can help you get training, develop skills or discover a brand-new job.

Suing

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

Sue

You can also submit a claim online for concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to comprehend what to expect when filing an employment requirements declare

If you have currently started a claim

If you have actually already begun or sued through the claimant website, 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 registered for the claimant website using a ONe-Key account, please select the sign-in/ create account button and create a My Ontario account using the exact same email address that was utilized when you enrolled in the claimant portal. If you do not use the same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you need support, 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 functions, consisting of how to sign-up and use the portal.

Internet internet browser requirements

To sue online utilizing e-claim or to access the claimant website you need to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can likewise submit 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 claims

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

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

Examples of ESA violations consist of:

– Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, getaway pay or other incomes they are entitled to under the ESA.

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

– Not supplying an employee with wage statements or other required documents.

To find out more, see Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

The ESA is not the only law that applies to Ontario work environments. The guidelines under the ESA are minimum requirements. You might have higher rights under:

– a work contract

– cumulative agreement

– the typical law

– other legislation

If you have questions about your entitlements, you may want to call an attorney.

Time frame for submitting an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you should file a claim within two years of the supposed ESA infraction. If you submit a claim within the two-year limit an employment requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA uses 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 Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA violations consist of:

– an employer charging you any fees

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

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

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

Foreign nationals employed in Ontario likewise 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 frame for submitting an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can normally provide 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) supplies specific work environment protections to child performers who are under 18 years of age working in the live and documented entertainment markets.

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

The PCPA applies 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 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 complimentary.

To sue, you need to be either:

– a kid entertainer under 18 years of age.

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

The kid performer should not be covered by a collective contract.

To file a claim:

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

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

2. Complete the form with all the required info.

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

Please only submit your claim once.

After you submit a claim:

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

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

Time limits to submitting a PCPA claim

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

When a claim can not be filed

Generally, employment a claim can not be submitted if:

– you have taken court action versus your employer for the exact same issue.Note: If you sue with the Ministry of Labour, employment Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your sent claim within two weeks after it is submitted.

This claim kind is not meant for you if:

– you work in a market that falls under federal jurisdiction.

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

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

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

What to expect after you sue

Claims are investigated in the order that they are received. The amount of time it takes for a claim to be designated differs, employment depending upon several aspects, consisting of the quantity of incoming claims. Anyone who sends an employment standards claim receives a confirmation and is designated a claim number. You will be gotten in touch with by the ministry once the claim has actually 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 resolved by the ERO, the claim will then be designated to a work standards officer (ESO). The ESO completes the investigation, provides a written decision and takes enforcement action if necessary.

To avoid hold-ups with processing your claim, please guarantee all info is correct and supporting files are submitted. If you are sending a grievance, you must sign up for the claimant website so you can visit to see where your complaint is in the procedure.