Suing

In Ontario, you might file 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 task, please visit Employment Ontario to find out how they can help you get training, build abilities or discover a brand-new job.

Filing a claim

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

Sue

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

File a PCPA claim

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

If you have actually currently begun a claim

If you have actually already started or sued through the claimant website, you can:

– sign 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 website using a ONe-Key account, please select the sign-in/ produce account button and produce a My Ontario account using the very same email address that was utilized when you enrolled in the claimant website. If you do not utilize the very same email 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 an overview of the portal functions, consisting of how to sign-up and referall.us utilize the portal.

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can likewise file 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 claims

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

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

Examples of ESA offenses include:

– Failure to pay a staff member the proper rate of pay and/or public holiday pay, holiday pay or other incomes they are entitled to under the ESA.

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

– Not offering a staff member with wage statements or other needed files.

For more details, visit 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 workplaces. The rules under the ESA are minimum requirements. You may have greater rights under:

– a work 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 filing an ESA claim

There are time frame that use to filing an ESA claim. Generally, you must sue within 2 years of the supposed ESA offense. If you submit a claim within the two-year limitation an employment requirements officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim might be made when you think your employer or a recruiter has actually violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through a migration or foreign temporary employee program. For instance, if you are working or searching for operate 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 infractions include:

– a recruiter charging you any charges

– an employer charging you for working with expenses (with restricted exceptions).

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

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

Foreign nationals utilized 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 submit a claim under the ESA.

Time limits for filing an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work requirements officer can normally provide an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers certain work environment defenses to kid entertainers who are under 18 years of age working in the live and recorded home entertainment industries.

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

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– employers.

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

Discover more about the rights of child performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace protections have not been offered to a kid entertainer in Ontario. Suing is totally free.

To sue, you should 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 child entertainer should not be covered by a cumulative arrangement.

To sue:

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

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

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

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

Please just submit your claim once.

After you sue:

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

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

Time frame to filing a PCPA claim

Generally, a PCPA claim must be filed within two years of the alleged PCPA violation.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually taken court action versus your company for the same issue.Note: If you file a claim 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 2 weeks after it is filed.

This claim type is not intended for you if:

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

– you want to file a problem about occupational health and security.

– you want to submit a human rights problem under the Human Rights Code.

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

What to anticipate after you sue

Claims are investigated in the order that they are gotten. The quantity of time it takes for a claim to be appointed varies, depending on a number of factors, including the amount of incoming claims. Anyone who submits a work standards declare gets a verification and is appointed a claim number. You will be contacted by the ministry once the claim has been appointed for examination.

The claims investigation procedure can take numerous months. In many cases, a claim is appointed to an early resolution officer (ERO) for somalibidders.com preliminary examination. If the claim is not resolved by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO finishes the investigation, supplies a written decision and takes enforcement action if required.

To avoid delays with processing your claim, please make sure all info is correct and supporting files are submitted. If you are sending a problem, you ought to register for the claimant website so you can visit to see where your grievance is in the process.