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 employment Protecting Child Performers Act (PCPA) is being breached.

If you have actually lost your job, please visit Employment Ontario to discover how they can help you get training, build abilities or discover a brand-new task.

Suing

You can file a claim online for any problems connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can likewise file a claim online for issues relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to comprehend what to anticipate when filing a work standards declare

If you have actually already begun a claim

If you have actually currently begun or submitted a claim through the claimant website, 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 actually previously signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ produce account button and develop a My Ontario account using the exact same e-mail address that was utilized when you enrolled in the claimant website. If you do not use the exact same e-mail address, you will not be able to see any of your previously submitted 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 a summary of the portal functions, consisting of how to sign-up and use the website.

Internet web browser requirements

To sue online utilizing e-claim or to access the claimant portal you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also file 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, employment 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 workers are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that might use to them.

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

Examples of ESA violations consist of:

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

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

– Not providing a staff member with wage statements or other required documents.

To learn 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 uses to Ontario work environments. The guidelines under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– cumulative agreement

– the typical law

– other legislation

If you have concerns about your privileges, you might wish to get in touch with a legal representative.

Time limits for filing an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you should sue within two years of the supposed ESA offense. If you file a claim within the two-year limitation an employment standards officer will examine the claim.

Similarly, if your company owes you wages, the earnings should have been owed to you in the 2 years before your claim was applied for the incomes 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 breached your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign short-lived staff member program. For example, if you are working or looking for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA offenses include:

– an employer charging you any costs

– an employer charging you for employing costs (with minimal exceptions).

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

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

Foreign nationals employed in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, you might have the ability to submit a claim under the ESA.

Time limits 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 offense. Similarly, an employment requirements officer can typically 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.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers specific workplace securities to child performers who are under 18 years of age working in the live and recorded home entertainment markets.

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

The PCPA uses to:

– child entertainers.

– their parents.

– their guardians.

– companies.

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

Find out more about the rights of kid performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can submit a if you believe workplace protections have actually not been supplied to a child entertainer in Ontario. Filing a claim is totally free.

To file a claim, 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 performer need to not be covered by a cumulative arrangement.

To sue:

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

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

2. Complete the kind with all the needed details.

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

Please just file your claim when.

After you file a claim:

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

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

Time limits to submitting a PCPA claim

Generally, a PCPA claim must be submitted within two years of the supposed PCPA infraction.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have taken court action versus your company for the 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 must withdraw your submitted claim within two weeks after it is submitted.

This claim type is not meant for you if:

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

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

– you wish 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 investigated in the order that they are received. The amount of time it considers a claim to be designated differs, depending upon several aspects, including the quantity of inbound claims. Anyone who submits an employment standards declare receives a confirmation and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been designated for investigation.

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

To prevent delays with processing your claim, please ensure all info is correct and employment supporting documents are filed. If you are sending a grievance, you ought to register for the claimant portal so you can log in to see where your grievance is in the procedure.