Suing

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 breached.

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

Suing

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

File a claim

You can likewise submit a claim online for problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to expect when submitting a work standards declare

If you have already started a claim

If you have already started or sued through the claimant portal, you can:

– sign in to continue your claim

– check the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ create account button and develop a My Ontario account using the exact same email address that was utilized when you registered in the claimant website. If you do not utilize the very same email 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/ develop account

Watch the claimant portal video for a summary of the portal features, 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 ought to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other internet browsers might work, however they are not supported by the e-claim or claimant website.

PDF claim kinds

You can likewise file 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 staff members working 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 use 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 an employee the proper rate of pay and/or public holiday pay, trip pay or other incomes they are entitled to under the ESA.

– Not supplying a worker with time off for an entitled leave of lack under the ESA or punishing a worker for taking such a leave.

– Not supplying a staff member with wage declarations or other needed documents.

For more details, see Your Guide to the Employment Standards Act or the Guide to special rules 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:

– a work contract

– cumulative agreement

– the common law

– other legislation

If you have concerns about your privileges, you might want to get in touch with an attorney.

Time limitations for filing an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you must sue within 2 years of the supposed ESA violation. If you sue within the two-year limitation an employment standards officer will investigate the claim.

Similarly, if your employer owes you incomes, the wages must have been owed to you in the 2 years before your claim was applied for the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your company or a recruiter has broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign temporary worker program. For instance, if you are working or looking 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 infractions consist of:

– an employer charging you any fees

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

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

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

Foreign nationals utilized in Ontario also have rights under the ESA. For example, if you are not being paid all wages owed, you might be able to sue under the ESA.

Time frame for submitting an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can typically issue an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you filed 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 kid performers who are under 18 years of age working in the live and recorded home entertainment industries.

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

The PCPA applies to:

– kid entertainers.

– their moms and dads.

– 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 PCPA claim if you believe workplace defenses have actually not been supplied to a kid entertainer in Ontario. Suing is free.

To submit a claim, you should be either:

– a kid performer under 18 years of age.

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

The kid performer must not be covered by a cumulative agreement.

To submit a claim:

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

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

2. Fill out the form with all the required details.

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

Please only submit your claim as soon as.

After you sue:

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

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

Time restricts to submitting a PCPA claim

Generally, a PCPA claim must be filed within 2 years of the supposed PCPA offense.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have 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 should withdraw your sent claim within two weeks after it is filed.

This claim kind is not planned for you if:

– you work in a market that falls under federal jurisdiction.

– you want to file a grievance about occupational health and security.

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

– you wish to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are investigated in the order that they are gotten. The amount of time it takes for a claim to be designated differs, depending upon numerous aspects, consisting of the amount of incoming claims. Anyone who sends an employment requirements declare receives a and is assigned a claim number. You will be called by the ministry once the claim has actually been assigned for examination.

The claims examination process can take several months. Most of the times, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not dealt with by the ERO, referall.us the claim will then be appointed to a work requirements officer (ESO). The ESO finishes the investigation, supplies a written decision and takes enforcement action if required.

To prevent delays with processing your claim, please make sure all info is appropriate and supporting files are filed. If you are sending a complaint, you ought to register for the claimant website so you can log in to see where your complaint remains in the process.