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 broken.

If you’ve lost your task, please go to Employment Ontario to learn how they can help you get training, develop skills or find a new task.

Filing a claim

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

Sue

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 a work requirements claim

If you have already begun a claim

If you have currently begun or submitted 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 exact same email address that was used when you enrolled in the claimant website. If you do not utilize the exact same e-mail address, you will not have the ability to see any of your previously submitted claims. If you need help, please contact the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an overview of the portal features, including how to sign-up and use the website.

Internet internet browser requirements

To sue online utilizing e-claim or to access the claimant website you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other web browsers may work, but they are not supported by the e-claim or claimant portal.

PDF claim types

You can likewise file 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 claims

Most workers 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 guidelines and/or exemptions that may apply to them.

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

Examples of ESA offenses include:

– Failure to pay a worker the appropriate rate of pay and/or public vacation pay, getaway pay or other salaries they are entitled to under the ESA.

– Not providing a worker with time off for an entitled leave of lack under the ESA or penalizing a staff member for taking such a leave.

– Not offering a worker with wage declarations or other needed documents.

For more details, 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 rules under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– collective contract

– the typical law

– other legislation

If you have concerns about your entitlements, you may want to contact an attorney.

Time limitations for filing an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you should sue within 2 years of the alleged ESA offense. If you submit a claim within the two-year limit an employment requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign temporary employee program. For somalibidders.com 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 use to you.

Examples of EPFNA infractions include:

– an employer charging you any fees

– an employer charging you for hiring expenses (with limited exceptions).

– a recruiter or employer holding onto your property (such as a passport).

– a recruiter or employer penalizing you for inquiring about or referall.us exercising your EPFNA rights.

Foreign nationals employed in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, you might 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 supposed EPFNA violation. Similarly, a work requirements officer can usually 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.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) supplies particular office securities to kid entertainers who are under 18 years of age working in the live and documented home entertainment markets.

It consists of minimum rights with respect to hours of work, breaks and payment of travel expenses.

The PCPA uses to:

– child performers.

– their parents.

– their guardians.

– employers.

Sections are enforced by the Health and Safety Program or the Employment Standards Program.

Discover more about the rights of child performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have actually not been provided to a kid performer in Ontario. Suing is totally free.

To sue, 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 kid performer need to not be covered by a collective agreement.

To submit a claim:

Download the claim type from the forms repository and conserve it to your computer.

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

2. Fill in the form with all the required info.

3. Select the “submit by email” button within the form to submit your claim.

Please only file your claim as soon as.

After you file a claim:

– You will receive an email confirmation 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 within two years of the supposed PCPA infraction.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have taken court action against your employer for the 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 form is not planned for you if:

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

– you wish to file a complaint about occupational health and wellness.

– you wish to file a human rights problem under the Human Rights Code.

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

What to expect after you submit a claim

Claims are investigated in the order that they are gotten. The quantity of time it considers a claim to be assigned differs, depending upon a number of factors, including the amount of incoming claims. Anyone who submits a work standards declare gets a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has actually been appointed for examination.

The claims investigation procedure can take a number of months. Most of the times, a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO finishes the investigation, offers a written choice and takes enforcement action if required.

To prevent hold-ups with processing your claim, please make sure all information is correct and supporting files are filed. If you are sending a complaint, you must register for the claimant portal so you can log in to see where your problem is in the process.