Suing

In Ontario, you might 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 breached.

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

Filing a claim

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

Sue

You can likewise sue online for problems associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when submitting a work requirements claim

If you have actually currently begun a claim

If you have actually currently begun or filed a claim through the claimant portal, 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 formerly signed up for the claimant portal utilizing a ONe-Key account, please select the sign-in/ produce account button and develop a My Ontario account using the same e-mail address that was used when you registered in the claimant website. If you do not use the same email address, you will not have the ability to see any of your formerly sent claims. If you need support, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for employment a summary of the portal features, consisting of how to sign-up and utilize the website.

Internet web browser requirements

To sue online using e-claim or to access the claimant portal you should utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

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 Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act claims

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

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

Examples of ESA infractions consist of:

– Failure to pay a worker the proper rate of pay and/or public vacation pay, trip pay or other wages they are entitled to under the ESA.

– Not providing an employee with time off for an entitled leave of absence under the ESA or punishing an employee for taking such a leave.

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

To find out more, see 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 may have higher rights under:

– an employment contract

– cumulative contract

– the common law

– other legislation

If you have questions about your entitlements, you might wish to get in touch with a lawyer.

Time frame for submitting an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you should submit a claim within 2 years of the supposed ESA violation. If you submit a claim within the two-year limit a work requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through a migration or foreign temporary employee program. For example, if you are working or employment searching for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA violations include:

– a recruiter charging you any costs

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

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

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

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

Time frame for filing 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, an employment requirements officer can normally release 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies particular work environment securities to kid performers who are under 18 years of age working in the live and recorded entertainment industries.

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

The PCPA uses to:

– kid entertainers.

– their moms and dads.

– their guardians.

– employers.

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

Discover more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have actually not been offered to a kid performer in Ontario. Filing a claim is free.

To file a claim, you should be either:

– a child performer under 18 years of age.

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

The kid performer need to not be covered by a collective contract.

To sue:

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

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

2. Complete the form with all the needed information.

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

Please only submit your claim when.

After you submit a claim:

– You will get an email verification that includes your claim number.

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

Time limits to filing a PCPA claim

Generally, a PCPA claim need to be filed within two years of the supposed PCPA violation.

When a claim can not be submitted

Generally, a claim can not be filed 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 should withdraw your sent claim within 2 weeks after it is submitted.

This claim type is not planned for you if:

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

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

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

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

What to expect after you submit a claim

Claims are examined in the order that they are received. The amount of time it considers a claim to be varies, depending on a number of factors, employment consisting of the quantity of incoming claims. Anyone who submits an employment requirements declare gets a confirmation and is designated a claim number. You will be called by the ministry once the claim has actually been designated for investigation.

The claims investigation procedure can take numerous months. For employment the most part, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not fixed by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO finishes the examination, provides a written decision and takes enforcement action if required.

To avoid hold-ups with processing your claim, please ensure all details is proper and supporting files are submitted. If you are submitting a problem, you need to register for the claimant portal so you can visit to see where your grievance is in the procedure.