Suing

In Ontario, you may file a claim with the Ministry of Labour, job 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’ve lost your task, please visit Employment Ontario to learn how they can help you get training, develop abilities or find a brand-new job.

Suing

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

Sue

You can likewise file a claim online for concerns relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have actually already begun a claim

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

– indication 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 registered for the claimant portal using a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account using the exact same email address that was utilized when you registered in the claimant website. If you do not use the exact same e-mail address, you will not have the ability to see any of your formerly sent claims. If you require support, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet internet browser requirements

To sue online utilizing e-claim or to access the claimant portal 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 types

You can likewise submit an ESA or EPFNA claim utilizing 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, job Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

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

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

Examples of ESA violations consist of:

– Failure to pay a staff member the right rate of pay and/or public vacation pay, trip pay or other salaries 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 supplying a worker with wage declarations or other required files.

To learn more, go to Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

The ESA is not the only law that uses to Ontario offices. The guidelines under the ESA are minimum requirements. You may have higher rights under:

– an employment agreement

– collective arrangement

– the common law

– other legislation

If you have concerns about your privileges, you may wish to contact a lawyer.

Time frame for filing an ESA claim

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

Similarly, if your company owes you salaries, the incomes must have been owed to you in the 2 years before your claim was declared the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your employer or a recruiter has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through a migration or foreign temporary employee program. For instance, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA offenses include:

– an employer charging you any costs

– a company charging you for working with expenses (with limited exceptions).

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

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

Foreign nationals used in Ontario likewise have rights under the ESA. For example, job if you are not being paid all earnings owed, you might be able to submit a claim under the ESA.

Time frame for job submitting an EPFNA claim

Generally, you should submit your EPFNA claim within years of the date of the supposed EPFNA violation. Similarly, a work standards officer can normally 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 claims

The Protecting Child Performers Act (PCPA) offers specific workplace securities to child performers who are under 18 years of age working in the live and documented show business.

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

The PCPA applies to:

– child performers.

– their moms and dads.

– their guardians.

– employers.

Sections are implemented by the Health and Safety Program or job the Employment Standards Program.

Find out more about the rights of child performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace protections have actually not been offered to a child entertainer in Ontario. Suing is complimentary.

To sue, job you need to be either:

– a child performer under 18 years of age.

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

The child entertainer should not be covered by a cumulative arrangement.

To sue:

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

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

2. Fill out the type with all the required info.

3. Select the «submit by email» button within the form to submit your claim.

Please only submit your claim as soon as.

After you sue:

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

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

Time frame to submitting a PCPA claim

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

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action against your employer for the very 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 two weeks after it is filed.

This claim form is not planned for you if:

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

– you wish to submit a complaint about occupational health and wellness.

– you desire to submit a human rights grievance under the Human Rights Code.

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

What to anticipate after you submit a claim

Claims are investigated in the order that they are gotten. The quantity of time it takes for a claim to be designated varies, depending on several aspects, including the quantity of incoming claims. Anyone who submits a work requirements claim gets a verification and is appointed a claim number. You will be contacted by the ministry once the claim has actually been appointed for examination.

The claims investigation process can take numerous months. In a lot of cases, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not dealt with by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO completes the examination, provides a written choice and takes enforcement action if needed.

To avoid hold-ups with processing your claim, please ensure all details is correct and supporting files are filed. If you are submitting a problem, you should register for the claimant portal so you can log in to see where your problem is in the process.