Suing
In Ontario, you might sue with the Ministry of Labour, Immigration, employment 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 task, please check out Employment Ontario to find out how they can assist you get training, build skills or discover a brand-new job.
Filing a claim
You can file a claim online for any concerns connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also sue online for issues connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to expect when filing a work standards declare
If you have actually currently begun a claim
If you have currently begun or sued through the claimant website, 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 actually formerly registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account utilizing the same e-mail address that was utilized when you registered in the claimant website. If you do not use the very same email address, you will not be able to see any of your formerly sent claims. If you require assistance, please call the Employment Standards Information Centre.
Sign-in/ develop account
Watch the claimant portal video for an overview of the portal functions, consisting of how to sign-up and utilize the portal.
Internet web browser requirements
To file a claim online utilizing e-claim or to access the claimant portal you need to utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other browsers may work, however they are not supported by the e-claim or claimant website.
PDF claim forms
You can also submit an ESA or EPFNA claim utilizing the PDF claim type.
Submit your claim by:
– fax to 1-888-252-4684 or
mail to:
Provincial Claims Centre
Ministry of Labour, Immigration, employment Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4
Employment Standards Act claims
Most employees operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some workers who are covered by the ESA have special rules and/or exemptions that might use to them.
A claim may be made when you believe your employer has actually broken your rights under the ESA.
Examples of ESA infractions consist of:
– Failure to pay a staff member the proper rate of pay and/or public holiday pay, trip pay or other incomes they are entitled to under the ESA.
– Not providing a worker with time off for an entitled leave of lack under the ESA or a staff member for taking such a leave.
– Not offering a worker with wage statements or other needed files.
For more details, visit Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.
The ESA is not the only law that uses to Ontario workplaces. The rules under the ESA are minimum requirements. You may have greater rights under:
– an employment agreement
– cumulative contract
– the typical law
– other legislation
If you have concerns about your entitlements, you may want to get in touch with an attorney.
Time limits for submitting an ESA claim
There are time limits that use to filing an ESA claim. Generally, you must submit a claim within two years of the supposed ESA violation. If you sue within the two-year limitation an employment standards officer will examine the claim.
Similarly, if your company owes you salaries, the salaries should have been owed to you in the two years before your claim was applied for the salaries to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim might be made when you believe your employer or a recruiter 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 foreign temporary worker program. For example, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, employment the EPFNA would likely apply to you.
Examples of EPFNA offenses consist of:
– a recruiter charging you any charges
– an employer charging you for employment working with costs (with minimal exceptions).
– a recruiter or employer holding onto your home (such as a passport).
– a recruiter or company punishing you for inquiring about or exercising your EPFNA rights.
Foreign nationals used in Ontario also have rights under the ESA. For example, if you are not being paid all wages owed, you may have the ability to file a claim under the ESA.
Time limitations for submitting an EPFNA claim
Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, a work requirements officer can generally release 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.
Learn more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) offers particular office securities to kid entertainers who are under 18 years of age working in the live and taped show business.
It consists of minimum rights with respect to hours of work, breaks and payment of travel expenses.
The PCPA uses to:
– kid performers.
– their parents.
– their guardians.
– employers.
Sections are enforced 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 securities have not been provided to a child entertainer in Ontario. Filing a claim is free.
To sue, you should be either:
– a child performer under 18 years of age.
– the parent or guardian of a kid performer under 18 years of age.
The child entertainer need to not be covered by a cumulative agreement.
To submit a claim:
Download the claim form from the kinds repository and conserve it to your computer system.
1. Open the form with Adobe Reader (download Adobe Reader totally free).
2. Fill out the type with all the required info.
3. Select the “submit by e-mail” button within the type to submit your claim.
Please only file your claim when.
After you sue:
– You will get an email 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 submitting a PCPA claim
Generally, a PCPA claim should be filed within 2 years of the supposed PCPA violation.
When a claim can not be filed
Generally, a claim can not be filed 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 decide to pursue your rights through the courts, you should withdraw your sent 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 submit a complaint about occupational health and wellness.
– you wish to submit a human rights complaint under the Human Rights Code.
– you wish to submit a claim with the Workplace Safety and Insurance Board (WSIB).
What to expect after you sue
Claims are examined in the order that they are gotten. The quantity of time it takes for a claim to be assigned differs, depending on a number of elements, consisting of the quantity of inbound claims. Anyone who submits a work standards claim receives a verification and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has actually been designated for examination.
The claims examination procedure can take numerous months. In many cases, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not dealt with by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO finishes the investigation, provides a composed decision and takes enforcement action if necessary.
To prevent delays with processing your claim, please guarantee all information is correct and supporting documents are submitted. If you are sending a problem, you must sign up for the claimant website so you can log in to see where your complaint remains in the process.
