Suing

In Ontario, you might 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, job please go to Employment Ontario to learn how they can help you get training, construct abilities or discover a brand-new job.

Suing

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

Sue

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

File a PCPA claim

Watch the submitting a claim video to comprehend what to expect when filing a work requirements claim

If you have actually currently started a claim

If you have actually currently started or filed a claim through the claimant portal, you can:

– check in to continue your claim

– inspect the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have formerly registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account utilizing the same e-mail address that was used when you enrolled in the claimant website. If you do not utilize the very same e-mail address, you will not be able to see any of your previously submitted claims. If you need help, please call the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for an introduction of the portal functions, consisting of how to sign-up and utilize the website.

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can likewise submit an ESA or EPFNA claim using the PDF claim kind.

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 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 might use to them.

A claim may be made when you think your company has broken your rights under the ESA.

Examples of ESA violations include:

– Failure to pay a worker the appropriate rate of pay and/or job public vacation pay, vacation pay or other wages 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 a worker for taking such a leave.

– Not offering a worker with wage statements or other needed documents.

To find out more, go to 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 work environments. The guidelines under the ESA are minimum requirements. You may have higher rights under:

– an employment agreement

–

– the common law

– other legislation

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

Time limits for submitting an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you must sue within 2 years of the supposed ESA violation. If you sue within the two-year limit a work standards officer will investigate the claim.

Similarly, if your employer owes you wages, the wages should 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 a recruiter has broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through a migration or foreign short-lived worker program. For example, 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:

– an employer charging you any costs

– a company charging you for job working with costs (with limited exceptions).

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

– a recruiter or employer punishing you for inquiring about or exercising your EPFNA rights.

Foreign nationals used in Ontario also have rights under the ESA. For instance, if you are not being paid all wages owed, you might be able to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, an employment standards officer can usually release an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides specific workplace defenses to kid entertainers who are under 18 years of age working in the live and taped home entertainment markets.

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

The PCPA uses to:

– kid performers.

– their parents.

– their guardians.

– employers.

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

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

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have not been supplied to a child performer in Ontario. Suing is totally free.

To sue, you need to be either:

– a child performer under 18 years of age.

– the parent or guardian of a kid entertainer under 18 years of age.

The kid entertainer must not be covered by a collective contract.

To sue:

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

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

2. Fill out the type with all the required details.

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

Please just file your claim when.

After you file a claim:

– You will receive 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 frame to filing a PCPA claim

Generally, a PCPA claim need to be submitted within 2 years of the alleged PCPA violation.

When a claim can not be filed

Generally, a claim can not be submitted if:

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

This claim type is not intended for you if:

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

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

– you want to file a human rights complaint under the Human Rights Code.

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

What to anticipate after you file a claim

Claims are examined in the order that they are received. The amount of time it considers a claim to be designated differs, depending on a number of elements, consisting of the amount of inbound claims. Anyone who submits an employment standards declare gets a confirmation and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been appointed for investigation.

The claims examination procedure can take a number of months. In many cases, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, job the claim will then be appointed to a work requirements officer (ESO). The ESO finishes the examination, supplies a composed choice and takes enforcement action if required.

To avoid delays with processing your claim, please make sure 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 visit to see where your problem remains in the procedure.