Suing
In Ontario, you may file 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’ve lost your job, please see Employment Ontario to find out how they can help you get training, build abilities or find a brand-new task.
Suing
You can sue online for any problems connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can also sue online for concerns relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the filing a claim video to comprehend what to anticipate when filing a work requirements declare
If you have already started a claim
If you have currently begun or submitted a claim through the claimant portal, you can:
– indication in to continue your claim
– check the status of your claim
– upload documents to your claim.
Creating a My Ontario account
If you have formerly registered for the claimant website utilizing a ONe-Key account, please choose the sign-in/ develop account button and produce a My Ontario account utilizing the exact same email address that was utilized when you enrolled in the claimant website. If you do not use the same e-mail address, you will not be able to see any of your formerly sent claims. If you need assistance, please get in touch with the Employment Standards Information Centre.
Sign-in/ develop account
Watch the claimant portal video for an introduction of the portal features, consisting of how to sign-up and use the portal.
Internet internet browser requirements
To sue online utilizing e-claim or to access the claimant website you should use:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other internet browsers may work, but they are not supported by the e-claim or claimant portal.
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 declares
Most staff members working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some workers who are covered by the ESA have unique guidelines and/or exemptions that might apply to them.
A claim may be made when you believe your employer has broken your rights under the ESA.
Examples of ESA offenses include:
– Failure to pay a staff member the right rate of pay and/or public vacation pay, holiday pay or other wages they are entitled to under the ESA.
– Not offering an employee with time off for an entitled leave of lack under the ESA or punishing a worker for taking such a leave.
– Not providing an employee with wage declarations or other required documents.
For more details, check out 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 might have higher rights under:
– an employment agreement
– collective arrangement
– the common law
– other legislation
If you have concerns about your privileges, you may wish to get in touch with an attorney.
Time limitations for submitting an ESA claim
There are time frame that apply to filing an ESA claim. Generally, you should sue within two years of the alleged ESA violation. If you sue within the two-year limitation an employment requirements officer will examine the claim.
Similarly, if your you incomes, the incomes should have been owed to you in the two years before your claim was declared the salaries to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim may be made when you believe your employer or an employer has actually violated your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through a migration or employment foreign short-lived staff member program. For example, if you are working or looking for work 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:
– a recruiter charging you any charges
– an employer charging you for hiring costs (with limited exceptions).
– a recruiter or employer holding onto your property (such as a passport).
– an employer or employer penalizing you for employment inquiring 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 may have the ability to sue under the ESA.
Time frame for filing an EPFNA claim
Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment requirements officer can normally provide an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.
Learn more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) provides certain workplace protections to child entertainers who are under 18 years of age working in the live and documented entertainment markets.
It consists of minimum rights with regard to hours of work, breaks and payment of travel costs.
The PCPA uses to:
– kid entertainers.
– their parents.
– their guardians.
– companies.
Sections are enforced by the Health and wellness Program or the Employment Standards Program.
Learn more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.
Filing a PCPA claim
You can file a PCPA claim if you think workplace defenses have actually not been provided to a child entertainer in Ontario. Filing a claim is totally free.
To submit a claim, you need to be either:
– a kid entertainer under 18 years of age.
– the moms and dad or guardian of a child performer under 18 years of age.
The kid performer should not be covered by a collective contract.
To file a claim:
Download the claim form from the forms repository and wait to your computer.
1. Open the form with Adobe Reader (download Adobe Reader for totally free).
2. Complete the form with all the needed info.
3. Select the “send by email” button within the type to send your claim.
Please only submit your claim when.
After you submit a claim:
– You will get an e-mail verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time limits to filing a PCPA claim
Generally, a PCPA claim should be submitted within two years of the alleged PCPA infraction.
When a claim can not be submitted
Generally, a claim can not be filed if:
– you have taken court action against your company for the very 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 two weeks after it is filed.
This claim kind is not meant for you if:
– you operate in an industry that falls under federal jurisdiction.
– you wish to file a complaint about occupational health and security.
– you wish to file a human rights problem under the Human Rights Code.
– you want to file a claim with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you file a claim
Claims are examined in the order that they are gotten. The amount of time it takes for a claim to be appointed varies, depending upon several factors, consisting of the amount of inbound claims. Anyone who submits a work standards declare receives a confirmation and is designated a claim number. You will be contacted by the ministry once the claim has actually been assigned for examination.
The claims examination process can take a number of months. In many cases, employment a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not resolved by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO completes the investigation, provides a written decision and takes enforcement action if necessary.
To avoid hold-ups with processing your claim, please ensure all info is proper and supporting files 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 complaint is in the procedure.
