1 Suing

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In Ontario, you might submit 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 have actually lost your task, please go to Employment Ontario to learn how they can assist you get training, build skills or discover a brand-new task.

Suing

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

File a claim

You can likewise sue online for problems relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to understand what to anticipate when submitting an employment requirements declare

If you have actually currently begun a claim

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

- check in to continue your claim
- check the status of your claim
- upload documents to your claim.
Creating a My Ontario account

If you have previously signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account utilizing the very same e-mail address that was used when you enrolled in the claimant website. If you do not utilize the very same email address, you will not be able to see any of your previously submitted claims. If you require assistance, please contact the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

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

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

PDF claim kinds

You can likewise submit an ESA or EPFNA claim utilizing 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 staff members are not covered by the ESA and some staff members who are covered by the ESA have special rules and/or exemptions that might apply to them.

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

Examples of ESA violations include:

- Failure to pay a worker the proper rate of pay and/or public holiday pay, holiday pay or other earnings they are entitled to under the ESA.
- Not providing a staff member with time off for an entitled leave of lack under the ESA or penalizing a worker for taking such a leave.
- Not supplying a staff member with wage statements or other required documents.
For additional information, go to Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

The ESA is not the only law that uses to Ontario offices. The rules under the ESA are minimum requirements. You might 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 get in touch with an attorney.

Time frame for filing an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you need to submit a claim within 2 years of the alleged ESA offense. If you submit a claim within the two-year limit a work standards officer will examine the claim.

Similarly, employment if your employer owes you wages, the earnings should have been owed to you in the two years before your claim was applied for the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim might be made when you think your employer or an employer has actually breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or employment are seeking work in Ontario through an immigration or foreign short-lived staff member program. For example, if you are working or searching for work 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 offenses include:

- a recruiter charging you any fees
- an employer charging you for employing expenses (with limited exceptions).
- a recruiter or company holding onto your residential or commercial property (such as a passport).
- an employer or company punishing you for inquiring 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 have the ability to submit a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, an employment standards officer can usually provide 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) offers certain workplace defenses to kid performers who are under 18 years of age working in the live and taped home entertainment industries.

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

The PCPA applies to:

- kid performers.
- their moms and dads.
- their guardians.
- employers.
Sections are implemented by the Health and wellness Program or the Employment Standards Program.

Find out 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 protections have actually not been offered to a kid performer in Ontario. Suing is totally free.

To submit a claim, you must be either:

- a kid entertainer under 18 years of age.
- the parent or guardian of a child performer under 18 years of age.
The child performer must not be covered by a cumulative arrangement.

To submit a claim:

Download the claim kind from the forms repository and conserve it to your computer system.
1. Open the type with Adobe Reader (download Adobe Reader totally free).
2. Fill out the kind with all the required info.
3. Select the "send by email" button within the type to submit your claim.
Please only submit your claim as soon as.

After you sue:

- You will get an e-mail verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as rapidly as possible.
Time frame to filing a PCPA claim

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

When a claim can not be filed

Generally, a claim can not be filed if:

- you have taken court action against 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 must withdraw your submitted claim within two weeks after it is filed.


This claim type is not meant for you if:

- you work in an industry that falls under federal jurisdiction.
- you wish to file a problem about occupational health and security.
- you want to submit a human rights complaint under the Human Rights Code.
- you desire to submit a claim with the Workplace Safety and Insurance Board (WSIB).
What to expect after you sue

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

The claims examination process can take a number of months. For the most part, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not resolved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO completes the investigation, supplies a composed choice and takes enforcement action if needed.

To avoid delays with processing your claim, please ensure all details is right and supporting files are filed. If you are sending a problem, you ought to sign up for the claimant website so you can log in to see where your problem is in the process.