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 Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being violated.
If you’ve lost your task, please see Employment Ontario to discover how they can help you get training, develop skills or discover a brand-new job.
Filing a claim
You can file a claim online for any problems associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can likewise sue online for issues relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to comprehend what to expect when submitting an employment requirements claim
If you have currently started a claim
If you have currently started or sued through the claimant portal, you can:
– sign in to continue your claim
– inspect the status of your claim
– upload documents to your claim.
Creating a My Ontario account
If you have actually formerly signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ create account button and produce a My Ontario account using the very same e-mail address that was used when you registered in the claimant portal. If you do not utilize the very same e-mail address, you will not have the ability to see any of your previously submitted claims. If you require assistance, please call the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for a summary of the portal features, including how to sign-up and use the portal.
Internet browser requirements
To file a claim online utilizing e-claim or to access the claimant portal you ought to use:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other web browsers may work, however 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 staff members operating in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some employees who are covered by the ESA have special guidelines and/or exemptions that may apply to them.
A claim may be made when you believe your employer has actually broken your rights under the ESA.
Examples of ESA offenses include:
– Failure to pay an employee the appropriate rate of pay and/or public holiday pay, vacation pay or other earnings they are entitled to under the ESA.
– Not supplying a staff member with time off for an entitled leave of absence under the ESA or punishing an employee for taking such a leave.
– Not supplying a worker with wage statements or other needed documents.
For more details, check out 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 workplaces. The rules under the ESA are minimum requirements. You might have higher rights under:
– an employment agreement
– collective contract
– the common law
– other legislation
If you have concerns about your entitlements, job you may wish to call a legal representative.
Time limits for job filing an ESA claim
There are time frame that use to filing an ESA claim. Generally, you need to sue within two years of the alleged ESA infraction. If you sue within the two-year limit an employment requirements officer will investigate the claim.
Similarly, if your company owes you incomes, the earnings should 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 claims
A claim may be made when you think your employer or a recruiter has broken 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-lived staff member program. For example, 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 violations consist of:
– an employer charging you any fees
– a company charging you for hiring expenses (with restricted exceptions).
– a recruiter or company holding onto your property (such as a passport).
– a recruiter or employer penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals employed in Ontario also have rights under the ESA. For example, if you are not being paid all incomes owed, you may be able to submit 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 violation. Similarly, an employment requirements officer can usually 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) offers specific work environment protections to kid entertainers who are under 18 years of age working in the live and documented show business.
It consists of minimum rights with respect to hours of work, breaks and payment of travel expenses.
The PCPA applies to:
– kid performers.
– their parents.
– their guardians.
– companies.
Sections are implemented by the Health and Safety 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 believe workplace protections have actually not been supplied to a child entertainer in Ontario. Suing is totally free.
To sue, you must be either:
– a child performer under 18 years of age.
– the parent or guardian of a child entertainer under 18 years of age.
The child performer must not be covered by a cumulative arrangement.
To file a claim:
Download the claim form from the forms repository and job save it to your computer.
1. Open the form with Adobe Reader (download Adobe Reader for free).
2. Fill out the form with all the required details.
3. Select the «send by e-mail» button within the kind to submit your claim.
Please just file your claim as soon as.
After you submit a claim:
– You will get an e-mail verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim need to be filed within two 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 company for the very 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 need to withdraw your sent claim within 2 weeks after it is submitted.
This claim type is not intended for you if:
– you operate in an industry that falls under federal jurisdiction.
– you want to submit a grievance about occupational health and wellness.
– you want to submit a human rights problem under the Human Rights Code.
– you wish to sue with the and Insurance Board (WSIB).
What to expect after you file a claim
Claims are examined in the order that they are gotten. The quantity of time it considers a claim to be designated varies, depending upon several elements, consisting of the quantity of incoming claims. Anyone who sends an employment requirements claim receives a verification and is designated a claim number. You will be contacted by the ministry once the claim has been assigned for examination.
The claims examination process can take a number of months. In many cases, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not resolved by the ERO, the claim will then be assigned to a work standards officer (ESO). The ESO completes the examination, supplies a written choice and takes enforcement action if needed.
To avoid hold-ups with processing your claim, please ensure all info is proper and supporting files are filed. If you are submitting a complaint, you must sign up for the claimant portal so you can log in to see where your complaint remains in the process.
