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 Protecting Child Performers Act (PCPA) is being violated.

If you’ve lost your task, please check out Employment Ontario to find out how they can help you get training, develop skills or find a new task.

Suing

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

File a claim

You can likewise submit a claim online for issues associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to expect when filing an employment requirements claim

If you have currently begun a claim

If you have already begun or sued through the claimant portal, you can:

– sign in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually formerly registered for the claimant portal using a ONe-Key account, please select the sign-in/ create account button and create a My Ontario account using the exact same email address that was used when you registered in the claimant portal. If you do not utilize the same email address, you will not be able to see any of your previously sent claims. If you need support, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

To sue online utilizing e-claim or to access the claimant website you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can likewise file an ESA or EPFNA claim utilizing the PDF claim form.

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 claims

Most staff members working in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that may apply to them.

A claim might be made when you think your company has broken your rights under the ESA.

Examples of ESA offenses include:

– Failure to pay a worker the appropriate rate of pay and/or public vacation pay, employment holiday 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 punishing a worker for taking such a leave.

– Not providing a worker with wage statements or other needed files.

For additional information, visit 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 greater rights under:

– an employment contract

– collective agreement

– the typical law

– other legislation

If you have concerns about your entitlements, you might want to contact an attorney.

Time frame for submitting an ESA claim

There are time frame that apply to submitting an ESA claim. Generally, employment you need to sue within two years of the alleged ESA infraction. If you submit a claim within the two-year limit an employment requirements officer will examine the claim.

Similarly, if your employer owes you earnings, the earnings 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 an employer has actually breached 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 worker program. For employment instance, if you are working or employment looking for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA violations consist of:

– an employer charging you any costs

– an employer charging you for employing costs (with restricted exceptions).

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

– an employer or employer punishing 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 wages owed, you might have the ability to sue under the ESA.

Time limitations 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 infraction. Similarly, an employment standards officer can generally release 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) supplies specific office protections to kid performers who are under 18 years of age working in the live and documented show business.

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

The PCPA applies to:

– child performers.

– their moms and dads.

– their guardians.

– companies.

Sections are enforced 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 file a PCPA claim if you think workplace securities have actually not been supplied to a kid entertainer in Ontario. Filing a claim is complimentary.

To sue, you must be either:

– a kid entertainer under 18 years of age.

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

The kid entertainer must not be covered by a cumulative contract.

To submit a claim:

Download the claim form from the forms repository and wait to your computer.

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

2. Fill out the kind with all the required information.

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

Please just submit your claim as soon as.

After you sue:

– 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 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 against your company for the 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 two weeks after it is filed.

This claim kind is not meant for you if:

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

– you wish to submit a grievance about occupational health and security.

– you want to file a human rights grievance under the Human Rights Code.

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

What to anticipate after you file a claim

Claims are examined in the order that they are received. The amount of time it considers a claim to be designated varies, depending on a number of elements, consisting of the amount of inbound claims. Anyone who submits an employment requirements claim receives a verification and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been designated for investigation.

The claims investigation process can take several months. In a lot of cases, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be appointed to an employment requirements officer (ESO). The ESO finishes the examination, provides a composed decision and takes enforcement action if needed.

To avoid hold-ups with processing your claim, please make sure all details is right 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 complaint remains in the procedure.