Suing

In Ontario, you may submit a claim 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 job, please visit Employment Ontario to learn how they can assist you get training, develop abilities or find a brand-new task.

Filing a claim

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

Sue

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

File a PCPA claim

Watch the suing video to understand what to anticipate when filing a work standards declare

If you have currently begun a claim

If you have currently started or sued through the claimant portal, you can:

– indication 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 formerly registered for the claimant website using a ONe-Key account, please choose the sign-in/ develop account button and produce a My Ontario account using the exact same email address that was used when you enrolled in the claimant website. If you do not use the exact same email address, you will not be able to see any of your formerly sent claims. If you need assistance, please call the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet internet browser requirements

To submit a claim online using e-claim or to access the claimant portal you ought to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can also submit an ESA or EPFNA claim using 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 somalibidders.com 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 covered by the ESA. However, some workers are not covered by the ESA and some employees who are covered by the ESA have special guidelines and/or exemptions that might use to them.

A claim may be made when you believe your employer has violated your rights under the ESA.

Examples of ESA violations include:

– Failure to pay a worker the proper rate of pay and/or public holiday pay, trip pay or other wages 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 providing a worker with wage statements or other needed files.

For additional information, check out Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

The ESA is not the only law that applies to Ontario workplaces. The guidelines 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 entitlements, you might wish to get in touch with a lawyer.

Time limitations for submitting an ESA claim

There are time limitations that use to filing an ESA claim. Generally, you should sue within two years of the supposed ESA violation. If you file a claim within the two-year limitation an employment standards officer will investigate the claim.

Similarly, if your employer owes you earnings, the earnings must have been owed to you in the two years before your claim was filed for the salaries to be under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you think your employer or an employer has breached your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through a migration or foreign momentary worker program. For example, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, referall.us the EPFNA would likely apply to you.

Examples of EPFNA offenses consist of:

– a recruiter charging you any charges

– a company charging you for working with expenses (with minimal 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 employed in Ontario likewise have rights under the ESA. For example, if you are not being paid all incomes owed, you might be able to sue under the ESA.

Time limits for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, a work requirements officer can typically issue an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies specific office protections to child entertainers who are under 18 years of age working in the live and documented home entertainment industries.

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

The PCPA uses to:

– kid entertainers.

– their parents.

– their guardians.

– employers.

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

Learn 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 actually not been supplied to a child entertainer in Ontario. Suing is complimentary.

To sue, 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 kid performer need to not be covered by a cumulative arrangement.

To sue:

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

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

2. Fill in the kind with all the needed info.

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

Please just file your claim once.

After you sue:

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

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

Time restricts to filing a PCPA claim

Generally, a PCPA claim should be filed within two years of the supposed PCPA offense.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have actually taken court action against your company for the same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you must withdraw your submitted claim within 2 weeks after it is filed.

This claim form is not intended for you if:

– you operate in a market that falls under federal jurisdiction.

– you wish to file a problem about occupational health and wellness.

– you wish to submit a human rights complaint under the Human Rights Code.

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

What to expect after you file a claim

Claims are examined in the order that they are received. The quantity of time it considers a claim to be designated varies, depending on a number of elements, consisting of the amount of incoming claims. Anyone who submits a work standards claim receives a verification and is designated a claim number. You will be contacted by the ministry once the claim has actually been designated for examination.

The claims examination process can take several months. For the most part, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, the claim will then be appointed to a work requirements officer (ESO). The ESO finishes the investigation, provides a written choice and takes enforcement action if needed.

To avoid hold-ups with processing your claim, please make sure all details is proper and supporting files are submitted. If you are sending a grievance, you must register for the claimant website so you can visit to see where your complaint is in the procedure.