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Suing

In Ontario, you may 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 job Protecting Child Performers Act (PCPA) is being violated.

If you have actually lost your job, please check out Employment Ontario to discover how they can help you get training, develop abilities or discover a brand-new job.

Suing

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

Sue

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

File a PCPA claim

Watch the suing video to understand what to anticipate when filing an employment requirements declare

If you have actually already begun a claim

If you have already begun or filed a claim through the claimant portal, you can:

– check in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant website using a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account using the very same e-mail address that was used when you enrolled in the claimant website. If you do not utilize the same e-mail address, you will not have the ability to see any of your previously submitted claims. If you require support, please contact the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can also 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, job 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 operating in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some staff members 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 broken your rights under the ESA.

Examples of ESA infractions consist of:

– Failure to pay a worker the proper rate of pay and/or public holiday pay, trip pay or job 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 penalizing a worker for taking such a leave.

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

To learn more, go to Your Guide to the Employment Standards Act or the Guide to unique 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 may have higher rights under:

– an employment agreement

– cumulative arrangement

– the common law

– other legislation

If you have questions about your privileges, you might want to get in touch with a .

Time frame for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you must sue within two years of the supposed ESA infraction. If you submit a claim within the two-year limitation an employment standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

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

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through an immigration or foreign short-lived employee program. For instance, if you are working or trying to find 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:

– a recruiter charging you any charges

– a company charging you for hiring costs (with restricted exceptions).

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

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

Foreign nationals used in Ontario also have rights under the ESA. For example, job if you are not being paid all wages owed, you may be able to file a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work standards officer can normally issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration 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) supplies certain workplace securities to kid performers who are under 18 years of age working in the live and recorded home entertainment markets.

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

The PCPA applies to:

– kid entertainers.

– their parents.

– their guardians.

– companies.

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

Discover 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 think workplace protections have not been provided to a child performer in Ontario. Suing is totally free.

To sue, you must be either:

– a child performer under 18 years of age.

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

The kid entertainer should not be covered by a collective agreement.

To file a claim:

Download the claim kind from the kinds repository and conserve it to your computer system.

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

2. Complete the kind with all the required details.

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

Please just file your claim once.

After you file a claim:

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

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

Time limits to filing a PCPA claim

Generally, a PCPA claim should be filed within 2 years of the alleged PCPA infraction.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action against your company for the very same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, job 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 meant for job 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 complaint 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 received. The quantity of time it takes for a claim to be designated differs, depending on several aspects, consisting of the quantity of incoming claims. Anyone who submits a work standards declare receives a confirmation and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been assigned for examination.

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

To avoid hold-ups with processing your claim, please guarantee all info is appropriate and supporting files are filed. If you are submitting a grievance, you should sign up for the claimant portal so you can visit to see where your complaint is in the procedure.

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