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 broken.

If you have actually lost your task, please go to Employment Ontario to discover how they can help you get training, build skills or find a brand-new job.

Filing a claim

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

Sue

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

File a PCPA claim

Watch the suing video to comprehend what to anticipate when submitting an employment standards declare

If you have already started a claim

If you have currently begun or sued through the claimant website, you can:

– check in to continue your claim

– check 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 choose the sign-in/ produce account button and produce a My Ontario account utilizing the very same e-mail address that was used when you registered in the claimant website. If you do not utilize the same e-mail address, you will not be able to see any of your previously submitted 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 introduction of the portal functions, consisting of how to sign-up and use the portal.

Internet browser requirements

To sue online using e-claim or to access the claimant website you must utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other web browsers may 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 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 staff members working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some workers who are covered by the ESA have unique guidelines and/or exemptions that may apply to them.

A claim may be made when you think your employer has actually breached 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, vacation pay or other earnings they are entitled to under the ESA.

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

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

To learn more, 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 might have greater rights under:

– an employment agreement

– collective agreement

– the typical law

– other legislation

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

Time frame for filing an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you must sue within two years of the alleged ESA infraction. If you sue within the two-year limit a work requirements officer will examine the claim.

Similarly, if your company owes you wages, the incomes 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 may be made when you think your company or a recruiter has violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign short-lived employee program. For instance, if you are working or searching for operate 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 infractions consist of:

– an employer charging you any fees

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

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

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

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

Time limitations for submitting an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work standards officer can typically issue an order for money 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 declares

The Protecting Child Performers Act (PCPA) provides specific work environment defenses to kid entertainers who are under 18 years of age working in the live and taped entertainment industries.

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

The PCPA applies to:

– kid entertainers.

– their moms and dads.

– their guardians.

– employers.

Sections are enforced by the Health and Safety 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 securities have not been supplied to a child performer in Ontario. Filing a claim is complimentary.

To sue, you must be either:

– a kid performer under 18 years of age.

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

The kid performer should not be covered by a cumulative agreement.

To sue:

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

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

2. Complete the type with all the required information.

3. Select the “send by e-mail” button within the type to submit your claim.

Please just submit 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 restricts to submitting a PCPA claim

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

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have actually taken court action versus your employer for the very same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you must withdraw your sent claim within 2 weeks after it is submitted.

This claim kind is not intended for you if:

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

– you wish to file a grievance about occupational health and wellness.

– you wish to submit 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 gotten. The quantity of time it considers a claim to be assigned varies, depending on numerous elements, consisting of the quantity of inbound claims. Anyone who submits an claim gets a confirmation and is appointed a claim number. You will be contacted by the ministry once the claim has actually been designated for investigation.

The claims examination procedure can take numerous months. For the most part, referall.us a claim is designated to an early resolution officer (ERO) for initial examination. 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 investigation, supplies a composed decision and takes enforcement action if required.

To prevent hold-ups with processing your claim, please ensure all details is proper and supporting documents are submitted. If you are submitting a complaint, you ought to register for the claimant portal so you can log in to see where your grievance is in the process.