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 violated.
If you have actually lost your task, please check out Employment Ontario to find out how they can help you get training, build skills or find a new task.
Filing a claim
You can sue online for any issues relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also file a claim online for concerns relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the submitting a claim video to understand what to expect when filing a work standards declare
If you have actually already started a claim
If you have already begun or sued through the claimant portal, you can:
– check in to continue your claim
– check the status of your claim
– upload files to your claim.
Creating a My Ontario account
If you have actually formerly registered for the claimant website utilizing a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account using the exact same email address that was utilized when you enrolled in the claimant website. If you do not utilize the same email address, you will not have the ability to see any of your previously sent claims. If you need support, please get in touch with the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for an introduction of the portal features, including how to sign-up and employment utilize the website.
Internet browser requirements
To sue online using e-claim or to access the claimant website you should utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other browsers may work, but they are not supported by the e-claim or claimant website.
PDF claim forms
You can likewise submit an ESA or EPFNA claim utilizing 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 declares
Most workers operating 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 special guidelines and/or exemptions that may use to them.
A claim may be made when you think your company has actually broken your rights under the ESA.
Examples of ESA violations include:
– Failure to pay a worker the correct 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 providing a worker with wage statements or other required documents.
To find out more, visit Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.
The ESA is not the only law that applies to Ontario workplaces. The rules under the ESA are minimum requirements. You may have higher rights under:
– a work contract
– collective contract
– the typical law
– other legislation
If you have questions about your entitlements, you might wish to contact an attorney.
Time limits for filing an ESA claim
There are time limitations that use to filing an ESA claim. Generally, you must sue within 2 years of the alleged ESA infraction. If you sue within the two-year limit an employment requirements officer will examine the claim.
Similarly, if your employer owes you wages, the earnings should have been owed to you in the 2 years before your claim was submitted for the wages to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim may be made when you think your company or a recruiter has breached your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are looking for work in Ontario through an immigration or foreign temporary worker program. For instance, if you are working or searching for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, employment the EPFNA would likely use to you.
Examples of EPFNA offenses include:
– an employer charging you any fees
– an employer charging you for hiring expenses (with minimal exceptions).
– a recruiter or company holding onto your home (such as a passport).
– an employer or company punishing you for inquiring about or exercising your EPFNA rights.
Foreign nationals employed in Ontario also have rights under the ESA. For instance, if you are not being paid all wages owed, employment you might be able to sue 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 offense. Similarly, a work requirements officer can generally provide 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.
Learn more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) supplies specific workplace securities to kid performers who are under 18 years of age working in the live and recorded show business.
It includes minimum rights with regard to hours of work, breaks and payment of travel expenses.
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.
Learn more about the rights of kid entertainers under the PCPA and read the Child Performers Guideline.
Filing a PCPA claim
You can file a PCPA claim if you think workplace defenses have actually not been supplied to a child performer in Ontario. Suing is free.
To file a claim, you must be either:
– a kid performer under 18 years of age.
– the moms and dad or guardian of a child entertainer under 18 years of age.
The kid entertainer need to not be covered by a collective contract.
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. Complete the kind with all the required details.
3. Select the “submit by e-mail” button within the type to submit your claim.
Please only submit your claim when.
After you sue:
– You will receive an e-mail verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as quickly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim must be submitted within 2 years of the alleged PCPA violation.
When a claim can not be submitted
Generally, a claim can not be filed if:
– you have 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 choose to pursue your rights through the courts, you must withdraw your sent claim within two weeks after it is filed.
This claim form is not intended for you if:
– you operate in an industry that falls under federal jurisdiction.
– you wish to file a problem about occupational health and wellness.
– you wish to file a human rights complaint under the Human Rights Code.
– you want to file 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 gotten. The amount of time it takes for a claim to be designated differs, depending upon several elements, consisting of the of incoming claims. Anyone who submits an employment standards claim gets a verification and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for investigation.
The claims examination process can take several months. In many cases, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not dealt with by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO completes the investigation, offers a written choice and takes enforcement action if necessary.
To avoid delays with processing your claim, please guarantee all info is proper and supporting files are submitted. If you are submitting a problem, you should register for the claimant website so you can log in to see where your problem remains in the process.
