Suing

In Ontario, you might sue with the Ministry of Labour, 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 broken.

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

Suing

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

File a claim

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

File a PCPA claim

Watch the suing video to understand what to expect when filing an employment requirements declare

If you have actually currently started a claim

If you have actually already started or submitted a claim through the claimant website, you can:

– sign in to continue your claim

– inspect 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 choose the sign-in/ develop 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 use the exact same e-mail address, employment you will not be able to see any of your previously submitted claims. If you require support, please contact 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 utilize the website.

Internet internet browser requirements

To sue online using e-claim or to access the claimant website you ought to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can likewise submit 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, employment Immigration, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act claims

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 might be made when you think your employer has actually violated your rights under the ESA.

Examples of ESA infractions consist of:

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

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

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

For additional information, see Your Guide to the Employment Standards Act or the Guide to unique guidelines 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 greater rights under:

– an employment agreement

– collective contract

– the typical law

– other legislation

If you have concerns about your entitlements, you may wish to contact a legal representative.

Time frame for filing an ESA claim

There are time limitations that use to filing an ESA claim. Generally, you must file a claim within two years of the supposed ESA offense. If you file a claim within the two-year limit a work standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim might be made when you think your employer or an employer has violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or employment are seeking operate in Ontario through a migration or foreign short-lived staff member program. For instance, if you are working or searching for operate 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 offenses include:

– a recruiter charging you any charges

– an employer charging you for working with expenses (with restricted exceptions).

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

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

Foreign nationals used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all wages owed, you may be able to file a claim under the ESA.

Time limits for filing an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can usually issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Learn 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 recorded show business.

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

The PCPA uses to:

– child entertainers.

– their parents.

– their guardians.

– companies.

Sections are enforced 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 believe workplace defenses have not been supplied to a kid entertainer in Ontario. Filing a claim is free.

To file a claim, you should be either:

– a kid performer 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 collective arrangement.

To sue:

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

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

2. Fill in the kind with all the required info.

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

Please just file your claim when.

After you sue:

– You will get an e-mail confirmation 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 need to be submitted within two years of the alleged PCPA infraction.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action against your employer for the exact same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you should withdraw your submitted claim within 2 weeks after it is filed.

This claim type 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 security.

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

– you wish to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are examined in the order that they are received. The quantity of time it takes for a claim to be assigned varies, depending upon several elements, including the amount of incoming claims. Anyone who sends a work standards declare receives 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 investigation procedure can take several months. Most of the times, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not resolved by the ERO, the claim will then be appointed to an employment requirements officer (ESO). The ESO finishes the examination, supplies a composed choice and takes enforcement action if essential.

To prevent delays with processing your claim, please guarantee all details is correct and supporting documents are submitted. If you are submitting a problem, you should sign up for the claimant website so you can log in to see where your problem is in the procedure.