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 go to Employment Ontario to discover how they can help you get training, develop abilities or find a new task.

Suing

You can sue online for any concerns connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

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

File a PCPA claim

Watch the suing video to comprehend what to anticipate when submitting an employment requirements claim

If you have currently started a claim

If you have actually already started or sued 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 previously registered for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ produce account button and develop a My Ontario account using the very 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 be able to see any of your previously sent claims. If you require help, please call the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for an introduction of the portal functions, consisting of how to sign-up and use the website.

Internet internet browser requirements

To sue online utilizing e-claim or to access the claimant website you must use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

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, employment Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

Most employees operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some workers who are covered by the ESA have unique guidelines and/or exemptions that might 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 an employee the correct rate of pay and/or public holiday pay, trip pay or other wages they are entitled to under the ESA.

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

– Not supplying a staff member with wage declarations or other required files.

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

The ESA is not the only law that applies to Ontario offices. The rules under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– cumulative agreement

– the common law

– other legislation

If you have questions about your privileges, you might wish to contact an attorney.

Time limits for filing an ESA claim

There are time limitations that apply to filing an ESA claim. Generally, you need to sue within 2 years of the alleged ESA infraction. If you file a claim within the two-year limitation a work standards officer will investigate the claim.

Similarly, if your employer owes you incomes, the salaries need to have been owed to you in the 2 years before your claim was applied for the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through a migration or foreign momentary staff member program. For example, if you are working or looking for 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 consist of:

– a recruiter charging you any fees

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

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

– a recruiter or employer punishing you for inquiring about or exercising your EPFNA rights.

Foreign nationals used in Ontario also have rights under the ESA. For instance, employment if you are not being paid all wages owed, you may be able to sue 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 infraction. Similarly, a work standards officer can generally release 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers particular office securities to child entertainers who are under 18 years of age working in the live and taped show business.

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

The PCPA applies to:

– child entertainers.

– their parents.

– their guardians.

– companies.

Sections are imposed by the Health and Safety Program or employment the Employment Standards Program.

Learn more about the rights of kid entertainers under the PCPA and read the Child Performers .

Filing a PCPA claim

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

To submit a claim, you need to be either:

– a child performer under 18 years of age.

– the parent or guardian of a child entertainer under 18 years of age.

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

To sue:

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

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

2. Complete the form with all the needed details.

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

Please just file your claim once.

After you sue:

– You will get an e-mail verification that includes your claim number.

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

Time frame to submitting a PCPA claim

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

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have taken court action versus your employer for the same issue.Note: If you sue with the Ministry of Labour, Immigration, employment Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your sent claim within two weeks after it is filed.

This claim type is not intended for you if:

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

What to expect after you sue

Claims are investigated in the order that they are received. The quantity of time it takes for a claim to be assigned differs, depending on numerous aspects, consisting of the quantity of inbound claims. Anyone who sends an employment requirements declare gets a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for investigation.

The claims examination process can take numerous months. For the most part, a claim is appointed to an early resolution officer (ERO) for preliminary 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, offers a composed choice and takes enforcement action if essential.

To prevent hold-ups with processing your claim, please ensure all details is proper and supporting documents are filed. If you are sending a complaint, you must register for the claimant website so you can visit to see where your grievance remains in the process.