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Suing
In Ontario, you may file a claim 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 go to Employment Ontario to find out how they can assist you get training, develop skills or discover a new task.
Filing a claim
You can file a claim online for any problems connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also sue online for issues relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to expect when submitting a work standards declare
If you have currently started a claim
If you have actually currently begun or submitted a claim through the claimant portal, you can:
– check in to continue your claim
– examine the status of your claim
– upload files to your claim.
Creating a My Ontario account
If you have formerly signed up for the claimant portal using a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account using the very same e-mail address that was used when you enrolled in the claimant website. If you do not utilize the exact same email address, you will not have the ability to see any of your formerly submitted claims. If you require support, please get in touch with the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for an overview of the portal features, consisting of how to sign-up and utilize the portal.
Internet web browser requirements
To sue online using e-claim or to access the claimant website you must use:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other internet browsers might work, but they are not supported by the e-claim or claimant website.
PDF claim kinds
You can also 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, Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4
Employment Standards Act claims
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 special rules and/or exemptions that may apply to them.
A claim might be made when you think your employer has breached your rights under the ESA.
Examples of ESA offenses consist of:
– Failure to pay an employee the correct rate of pay and/or public holiday pay, vacation pay or other wages they are entitled to under the ESA.
– Not providing a worker 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 declarations or other required files.
To find out more, visit Your Guide to the Employment Standards Act or the Guide to unique rules 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 agreement
– collective arrangement
– the typical law
– other legislation
If you have questions about your entitlements, you might wish to contact a lawyer.
Time limits for filing an ESA claim
There are time frame that use to filing an ESA claim. Generally, you need to file a claim within 2 years of the alleged ESA offense. If you sue within the two-year limitation a work requirements officer will investigate the claim.
Similarly, if your employer owes you earnings, the earnings must have been owed to you in the 2 years before your claim was submitted for the salaries to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim might be made when you think your employer or an employer has actually breached 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-term employee program. For instance, 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 offenses include:
– an employer charging you any fees
– an employer charging you for hiring costs (with limited exceptions).
– an employer or company holding onto your property (such as a passport).
– a recruiter or employer penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, you might be able to submit a claim under the ESA.
Time frame for submitting an EPFNA claim
Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can generally release 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.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) supplies specific workplace protections to child entertainers who are under 18 years of age working in the live and documented home entertainment markets.
It consists of minimum rights with respect to hours of work, breaks and payment of travel expenditures.
The PCPA applies to:
– kid entertainers.
– their parents.
– their guardians.
– companies.
Sections are imposed by the Health and wellness 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 PCPA claim if you believe workplace defenses have not been provided to a child performer in Ontario. Filing a claim is free.
To file a claim, you need to be either:
– a kid performer under 18 years of age.
– the parent or guardian of a kid performer under 18 years of age.
The child performer must 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 form with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the kind with all the information.
3. Select the “submit by e-mail” button within the kind to submit 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 staff will investigate your claim as quickly as possible.
Time frame to submitting a PCPA claim
Generally, a PCPA claim must be filed within two years of the supposed PCPA offense.
When a claim can not be filed
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 need to withdraw your submitted claim within two weeks after it is filed.
This claim kind is not intended for you if:
– you operate in an industry that falls under federal jurisdiction.
– you want to file a grievance about occupational health and wellness.
– you wish to submit a human rights problem 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 gotten. The amount of time it considers a claim to be appointed differs, depending upon several elements, consisting of the amount of incoming claims. Anyone who submits a work standards declare receives a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for investigation.
The claims examination procedure can take numerous months. For the most part, a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not dealt with by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO finishes the investigation, provides a composed choice and takes enforcement action if required.
To avoid delays with processing your claim, please guarantee all info is appropriate and supporting documents are filed. If you are sending a grievance, you must register for referall.us the claimant portal so you can log in to see where your problem is in the procedure.