Suing

In Ontario, you may 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 broken.

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

Filing a claim

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

File a claim

You can also sue online for issues connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have actually currently started a claim

If you have already begun or submitted a claim through the claimant website, you can:

– sign in to continue your claim

– inspect the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have previously registered for the claimant portal using a ONe-Key account, please select the sign-in/ produce account button and develop a My Ontario account utilizing the very same email address that was utilized 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 formerly submitted claims. If you need support, please call the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for an introduction of the portal features, consisting of how to sign-up and use the portal.

Internet web browser requirements

To sue online using e-claim or to access the claimant portal you need to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other browsers might 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 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

Act declares

Most employees working 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 unique rules and/or exemptions that may use to them.

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

Examples of ESA infractions include:

– Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, getaway pay or other salaries they are entitled to under the ESA.

– Not offering a staff member 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 worker with wage declarations or employment other needed documents.

For more details, check out 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 work environments. The rules under the ESA are minimum requirements. You may have greater rights under:

– an employment agreement

– collective arrangement

– the typical law

– other legislation

If you have questions about your entitlements, you might wish to call a lawyer.

Time limitations for filing an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you need to sue within two years of the supposed ESA offense. If you file a claim within the two-year limit a work requirements officer will investigate the claim.

Similarly, employment if your employer owes you salaries, the salaries should have been owed to you in the 2 years before your claim was declared the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim might be made when you believe your company or an employer has actually violated 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-term employee program. For example, employment if you are working or searching for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.

Examples of EPFNA violations consist of:

– an employer charging you any fees

– a company charging you for hiring costs (with restricted exceptions).

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

– a recruiter or company penalizing you for employment asking 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 incomes owed, you might be able to submit a claim 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 alleged EPFNA violation. Similarly, a work requirements officer can generally issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers certain office defenses to child performers who are under 18 years of age working in the live and recorded home entertainment industries.

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

The PCPA uses to:

– child entertainers.

– their moms and dads.

– their guardians.

– employers.

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

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

Filing a PCPA claim

You can submit a PCPA claim if you think workplace securities have actually not been offered to a kid entertainer in Ontario. Suing is totally free.

To sue, you must be either:

– a child performer under 18 years of age.

– the parent or guardian of a child performer under 18 years of age.

The child performer need to not be covered by a cumulative contract.

To submit a claim:

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

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

2. Fill in the form with all the required info.

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

Please just file 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 examine your claim as quickly as possible.

Time restricts to submitting a PCPA claim

Generally, a PCPA claim must be filed within 2 years of the alleged PCPA infraction.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have taken court action against your employer for the very same issue.Note: employment If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your sent claim within 2 weeks after it is submitted.

This claim type is not intended for you if:

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

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

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

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

What to expect after you submit a claim

Claims are investigated in the order that they are gotten. The quantity of time it takes for a claim to be appointed differs, depending on a number of aspects, including the quantity of inbound claims. Anyone who submits an employment requirements claim gets a verification and is appointed a claim number. You will be called by the ministry once the claim has actually been designated for examination.

The claims examination process can take a number of months. In many cases, a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO completes the examination, provides a composed decision and takes enforcement action if essential.

To prevent delays with processing your claim, please guarantee all details is proper and supporting files are submitted. If you are submitting a problem, you should sign up for the claimant website so you can log in to see where your grievance is in the procedure.