Suing

In Ontario, you might file 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 task, please visit Employment Ontario to find out how they can help you get training, build skills or find a new job.

Suing

You can submit a claim online for any issues 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 claim

If you have already begun a claim

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

– check in to continue your claim

– inspect the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and produce a My Ontario account using the exact same e-mail address that was utilized when you registered 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 submitted claims. If you need help, please call the Employment Standards Information Centre.

Sign-in/ create account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also 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, 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 employees who are covered by the ESA have unique guidelines and/or exemptions that may use to them.

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

Examples of ESA offenses consist of:

– Failure to pay an employee the proper rate of pay and/or public vacation pay, holiday pay or other wages 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 punishing a staff member for taking such a leave.

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

For more details, go to Your Guide to the Employment Standards Act or the Guide to special guidelines 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

– collective agreement

– the typical law

– other legislation

If you have concerns about your privileges, you may wish to get in touch with an attorney.

Time limitations for submitting an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you must file a claim within 2 years of the supposed ESA infraction. If you sue within the two-year limit a work standards officer will examine the claim.

Similarly, if your employer owes you earnings, the wages must have been owed to you in the two years before your claim was declared the earnings 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 violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through a migration or foreign short-term employee program. For example, if you are working or looking for work 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 include:

– a recruiter charging you any fees

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

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

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

Foreign nationals used in Ontario also have rights under the ESA. For example, if you are not being paid all earnings owed, you may be able 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 offense. Similarly, an employment standards officer can generally 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides particular workplace defenses to kid entertainers who are under 18 years of age working in the live and recorded show business.

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

The PCPA uses to:

– kid entertainers.

– their moms and dads.

– their guardians.

– companies.

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

Learn more about the rights of child entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have not been provided to a kid performer in Ontario. Filing a claim is free.

To file a claim, you should be either:

– a child entertainer under 18 years of age.

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

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

To sue:

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

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

2. Complete the kind with all the required information.

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

Please only file your claim when.

After you file a claim:

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

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

Time restricts to submitting a PCPA claim

Generally, a PCPA claim need to be filed within two years of the alleged PCPA offense.

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 very same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and employment choose to pursue your rights through the courts, you need to withdraw your submitted claim within two weeks after it is submitted.

This claim form is not planned for you if:

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

– you desire to submit a complaint about occupational health and safety.

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

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

What to anticipate after you sue

Claims are investigated in the order that they are . The quantity of time it takes for a claim to be designated differs, depending on a number of factors, including the quantity of inbound claims. Anyone who submits an employment requirements claim gets a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has actually been appointed for examination.

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

To prevent delays with processing your claim, employment please ensure all details is correct and supporting files are submitted. If you are sending a complaint, you need to sign up for the claimant website so you can log in to see where your problem is in the process.