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 broken.

If you’ve lost your job, please visit Employment Ontario to find out how they can assist you get training, build skills or discover a brand-new job.

Filing a claim

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

Sue

You can likewise submit a claim online for issues relating to 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 currently begun a claim

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

— check 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 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 utilizing the same e-mail address that was used when you registered in the claimant website. If you do not utilize the very same email address, you will not have the ability to see any of your formerly sent claims. If you need support, please call the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for an overview of the portal functions, including 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 browsers might 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 using the PDF claim type.

Submit your claim by:

— fax to 1-888-252-4684 or

mail to:

Provincial Claims Centre
Ministry of Labour, referall.us Immigration, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

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

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

Examples of ESA violations include:

— Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, vacation 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 penalizing a worker for taking such a leave.

— Not supplying a staff member with wage declarations or other needed documents.

For additional information, see Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.

The ESA is not the only law that applies to Ontario offices. The rules under the ESA are minimum requirements. You may have higher rights under:

— an employment contract

— collective contract

— the typical law

— other legislation

If you have concerns about your privileges, you may want to call a legal representative.

Time frame for submitting an ESA claim

There are time limitations that use to filing an ESA claim. Generally, you must file a claim within two years of the alleged ESA violation. If you file a claim within the two-year limitation a work requirements officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

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 looking for operate in Ontario through a migration or foreign temporary staff member program. For instance, if you are working or 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 infractions include:

— an employer charging you any costs

— a company charging you for working with expenses (with limited exceptions).

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

— a recruiter or company penalizing you for asking 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 earnings owed, you may be able to file a claim under the ESA.

Time limitations for filing an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment standards officer can generally provide an order for money owed to you under the EPFNA in the three-and-a-half-year period 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 work environment securities to child performers who are under 18 years of age working in the live and documented show business.

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

The PCPA uses to:

— child performers.

— their moms and dads.

— their guardians.

— employers.

Sections are enforced 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 submit a PCPA claim if you believe workplace protections have not been supplied to a child entertainer in Ontario. Suing is free.

To sue, you should be either:

— a child entertainer under 18 years of age.

— the parent or guardian of a child entertainer under 18 years of age.

The kid entertainer need to not be covered by a cumulative arrangement.

To sue:

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

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

2. Fill in the type with all the needed details.

3. Select the «submit by email» button within the form to send your claim.

Please just submit your claim as soon as.

After you submit a claim:

— You will get an email confirmation that includes your claim number.

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

Time frame to filing a PCPA claim

Generally, a should be filed 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 actually taken court action versus your company for the same issue.Note: If you submit a claim 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 2 weeks after it is submitted.

This claim form is not intended for you if:

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

— you want to submit a problem about occupational health and wellness.

— you wish to submit 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 sue

Claims are examined in the order that they are received. The amount of time it takes for a claim to be designated differs, depending on numerous factors, consisting of the amount of inbound claims. Anyone who sends a work requirements declare receives 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 process can take several months. In many cases, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not resolved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO finishes the investigation, provides a composed choice and takes enforcement action if necessary.

To avoid delays with processing your claim, please guarantee all information is correct and supporting files are filed. If you are submitting a complaint, you must register for the claimant website so you can visit to see where your grievance remains in the process.