
Easterntalent
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Founded Date July 4, 1935
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Sectors AHP
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Posted Jobs 0
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Viewed 6
Company Description
Suing
In Ontario, you might sue with the Ministry of Labour, Immigration, Training and Skills Development if you believe the Employment Standards Act (ESA), Employment Protection for Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being breached.
If you’ve lost your job, please visit Employment Ontario to learn how they can help you get training, build skills or discover a new job.
Suing
You can sue online for any problems connecting to the Employment Standards Act (ESA) or employment Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can also sue online for concerns associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to anticipate when filing a work requirements claim
If you have actually currently begun a claim
If you have actually currently started or submitted a claim through the claimant website, you can:
– sign in to continue your claim
– examine the status of your claim
– upload documents to your claim.
Creating a My Ontario account
If you have actually previously signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ develop account button and develop a My Ontario account using the exact same e-mail address that was utilized when you enrolled in the claimant portal. If you do not utilize the same e-mail address, you will not be able to see any of your formerly submitted claims. If you require help, please call the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for employment an overview of the portal functions, consisting of how to sign-up and use the website.
Internet internet browser requirements
To submit a claim online utilizing e-claim or to access the claimant portal you need to use:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other web browsers may work, but they are not supported by the e-claim or claimant portal.
PDF claim types
You can likewise submit an ESA or EPFNA claim using the PDF claim type.
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 working in Ontario are by the ESA. However, employment some workers are not covered by the ESA and some staff members who are covered by the ESA have special rules and/or exemptions that may apply to them.
A claim may be made when you believe your company has breached your rights under the ESA.
Examples of ESA violations include:
– Failure to pay an employee the proper rate of pay and/or public holiday pay, getaway pay or other earnings they are entitled to under the ESA.
– Not providing a staff member with time off for an entitled leave of lack under the ESA or penalizing a worker for taking such a leave.
– Not providing a staff member with wage statements or other needed documents.
For additional information, check out Your Guide to the Employment Standards Act or the Guide to special rules and employment exemptions.
The ESA is not the only law that uses to Ontario work environments. The rules under the ESA are minimum requirements. You may have greater rights under:
– an employment agreement
– collective agreement
– the typical law
– other legislation
If you have questions about your privileges, you may wish to call a lawyer.
Time frame for employment submitting an ESA claim
There are time frame that use to submitting an ESA claim. Generally, you must file a claim within 2 years of the alleged ESA violation. If you file a claim within the two-year limitation an employment requirements officer will examine the claim.
Similarly, if your employer owes you wages, the salaries must have been owed to you in the 2 years before your claim was filed for the incomes to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim might be made when you think your company or an employer has broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or foreign momentary worker program. For employment 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 apply to you.
Examples of EPFNA offenses include:
– an employer charging you any charges
– an employer charging you for working with costs (with minimal exceptions).
– a recruiter or company holding onto your residential or commercial property (such as a passport).
– an employer or company penalizing you for asking 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 may have the ability to sue under the ESA.
Time frame for submitting an EPFNA claim
Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, a work requirements officer can usually issue an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) provides particular office protections to kid performers who are under 18 years of age working in the live and recorded 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 moms and dads.
– their guardians.
– employers.
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 securities have actually not been offered to a kid performer in Ontario. Suing is complimentary.
To submit a claim, you need to be either:
– a kid entertainer under 18 years of age.
– the parent or guardian of a child performer under 18 years of age.
The child entertainer must not be covered by a cumulative agreement.
To file a claim:
Download the claim kind from the forms repository and wait to your computer.
1. Open the form with Adobe Reader (download Adobe Reader totally free).
2. Fill out the kind with all the needed details.
3. Select the “send by e-mail” button within the form to send your claim.
Please just submit your claim when.
After you submit a claim:
– You will receive an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time restricts to submitting a PCPA claim
Generally, employment a PCPA claim should be submitted within two years of the supposed PCPA violation.
When a claim can not be submitted
Generally, a claim can not be submitted if:
– you have taken court action against your company 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 must withdraw your submitted claim within two weeks after it is filed.
This claim form is not meant for you if:
– you operate in an industry that falls under federal jurisdiction.
– you want to file a grievance about occupational health and wellness.
– you desire to file a human rights problem 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 appointed differs, depending upon numerous aspects, consisting of the amount of incoming claims. Anyone who sends an employment requirements claim gets a confirmation and is assigned a claim number. You will be called by the ministry once the claim has actually been assigned for investigation.
The claims examination process can take numerous months. In the majority of cases, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not dealt with by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO finishes the examination, provides a written choice and takes enforcement action if needed.
To prevent delays with processing your claim, please ensure all details is correct and supporting files are filed. If you are submitting a problem, you ought to register for the claimant website so you can log in to see where your grievance remains in the procedure.