1 Suing

Belen Bendrodt edited this page 2025-02-11 09:54:35 +08:00

In Ontario, you might 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 violated.

If you have actually lost your job, please check out Employment Ontario to discover how they can assist you get training, construct skills or discover a new task.

Suing

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

File a claim

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

File a PCPA claim

Watch the suing video to comprehend what to expect when submitting an employment standards declare

If you have 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 formerly signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ produce account button and develop a My Ontario account using the exact same email address that was used 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 formerly sent claims. If you require help, please contact 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 use the website.

Internet web browser requirements

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

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other browsers might work, however they are not supported by the e-claim or claimant website.

PDF claim types

You can also submit an ESA or EPFNA claim utilizing 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 workers operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some employees who are covered by the ESA have unique guidelines and/or exemptions that might apply to them.

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

Examples of ESA violations include:

- Failure to pay a worker the appropriate rate of pay and/or public holiday pay, vacation pay or other salaries they are entitled to under the ESA.
- Not offering an employee with time off for an entitled leave of lack under the ESA or penalizing a worker for taking such a leave.
- Not providing a staff member with wage declarations 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 applies to Ontario workplaces. The guidelines under the ESA are minimum requirements. You might have higher rights under:

- an employment contract
- cumulative agreement
- the common law
- other legislation
If you have questions about your entitlements, you may want to contact a lawyer.

Time limitations for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you must submit a claim within two 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 declared the incomes to be recoverable under the ESA.

Employment Protection for job Foreign Nationals Act claims

A claim might be made when you believe your company or a recruiter has actually broken 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 momentary staff member program. For instance, if you are working or trying to find 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 infractions include:

- an employer charging you any costs
- an employer charging you for hiring costs (with restricted 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 employed in Ontario also have rights under the ESA. For example, if you are not being paid all earnings owed, you may be able to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment standards officer can typically release an order for cash owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

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

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

The PCPA uses to:

- kid entertainers.
- their parents.
- their guardians.
- companies.
Sections are enforced by the Health and Safety Program or the Employment Standards Program.

Learn more about the rights of under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace defenses have actually not been supplied to a kid performer in Ontario. Filing a claim is totally free.

To submit a claim, you must be either:

- a child performer under 18 years of age.
- the moms and job dad or guardian of a child entertainer under 18 years of age.
The child entertainer must not be covered by a cumulative agreement.

To submit a claim:

Download the claim kind from the types repository and conserve it to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader free of charge).
2. Complete the kind with all the required info.
3. Select the "submit by email" button within the kind to send your claim.
Please only file your claim once.

After you file a claim:

- You will get an e-mail confirmation 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 supposed PCPA violation.

When a claim can not be submitted

Generally, a claim can not be submitted if:

- you have actually taken court action versus your company for the exact 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 need to withdraw your sent claim within 2 weeks after it is filed.


This claim type is not planned for you if:

- you operate in an industry that falls under federal jurisdiction.
- you want to file a complaint about occupational health and safety.
- you wish to file 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 submit a claim

Claims are examined in the order that they are received. The quantity of time it takes for a claim to be designated varies, depending upon numerous elements, consisting of the quantity of inbound claims. Anyone who submits an employment requirements declare receives a verification and is designated a claim number. You will be called by the ministry once the claim has actually been assigned for examination.

The claims investigation procedure can take numerous months. In many cases, job a claim is assigned to an early resolution officer (ERO) for preliminary examination. If the claim is not dealt with by the ERO, the claim will then be assigned to an employment requirements officer (ESO). The ESO finishes the examination, provides a written choice and takes enforcement action if needed.

To avoid delays with processing your claim, please make sure all info is appropriate and supporting documents are filed. If you are submitting a grievance, you ought to sign up for the claimant website so you can visit to see where your grievance remains in the process.