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Suing
In Ontario, you may file 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 violated.
If you have actually lost your task, please go to Employment Ontario to discover how they can help you get training, build abilities or discover a new job.
Filing a claim
You can file a claim online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also sue online for concerns connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to comprehend what to expect when filing a work standards claim
If you have currently started a claim
If you have already started or sued through the claimant portal, you can:
- indication in to continue your claim
- examine the status of your claim
- upload files to your claim.
Creating a My Ontario account
If you have actually formerly registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account utilizing the same email address that was used when you registered in the claimant portal. If you do not utilize the same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you need help, please get in touch with the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for an overview of the portal features, including how to sign-up and use the portal.
Internet browser requirements
To submit a claim online utilizing e-claim or to access the claimant website you ought to use:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other internet browsers may work, however they are not supported by the e-claim or claimant portal.
PDF claim types
You can also 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 operating 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 special rules and/or exemptions that might apply to them.
A claim may be made when you think your company has violated your rights under the ESA.
Examples of ESA infractions include:
- Failure to pay a worker the proper rate of pay and/or public holiday pay, vacation pay or other incomes they are entitled to under the ESA.
- Not supplying a staff member with time off for an entitled leave of absence under the ESA or punishing a staff member for taking such a leave.
- Not offering a worker with wage declarations or other required documents.
For more details, see 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 guidelines under the ESA are minimum requirements. You might have higher rights under:
- a work agreement
- collective contract
- the common law
- other legislation
If you have concerns about your privileges, you may want to contact an attorney.
Time frame for filing an ESA claim
There are time frame that apply to submitting an ESA claim. Generally, you should file a claim within 2 years of the alleged ESA violation. If you sue within the two-year limit an employment standards officer will examine the claim.
Similarly, if your employer owes you wages, the incomes should have been owed to you in the two years before your claim was declared 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 an employer has actually broken your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign momentary 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 Laborer Program, the EPFNA would likely use to you.
Examples of EPFNA infractions include:
- an employer charging you any fees
- a company charging you for employing expenses (with limited exceptions).
- an employer or employer holding onto your property (such as a passport).
- a recruiter or company punishing you for asking about or exercising your EPFNA rights.
Foreign nationals employed in Ontario likewise have rights under the ESA. For example, if you are not being paid all incomes owed, you may 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 alleged EPFNA offense. Similarly, a work requirements officer can normally issue 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 declares
The Protecting Child Performers Act (PCPA) offers certain workplace securities to child entertainers who are under 18 years of age working in the live and documented entertainment markets.
It includes minimum rights with respect to hours of work, breaks and payment of travel costs.
The PCPA applies 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 entertainers 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 not been provided to a child entertainer in Ontario. Filing a claim is complimentary.
To sue, you should be either:
- a child performer under 18 years of age.
- the parent or guardian of a child performer under 18 years of age.
The kid entertainer should not be covered by a collective agreement.
To file a claim:
Download the claim form from the types repository and wait to your computer.
1. Open the type with Adobe Reader (download Adobe Reader free of charge).
2. Complete the type with all the needed info.
3. Select the "send by email" button within the kind to submit your claim.
Please just submit your claim when.
After you sue:
- You will get an e-mail verification that includes your claim number.
Ministry of Labour, somalibidders.com Immigration, Training and Skills Development personnel will investigate your claim as quickly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim should be filed within 2 years of the supposed PCPA offense.
When a claim can not be filed
Generally, a claim can not be filed if:
- you have taken court action versus your employer for the very same issue.Note: If you file a claim 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 submitted.
This claim form is not intended for you if:
- you operate in an industry that falls under federal jurisdiction.
- you wish to submit a grievance about occupational health and wellness.
- you desire to submit a human rights grievance under the Human Rights Code.
- you wish to file a claim with the Workplace Safety and Insurance Board (WSIB).
What to expect after you file a claim
Claims are investigated in the order that they are gotten. The amount of time it a claim to be designated differs, depending upon several factors, referall.us including the quantity of incoming claims. Anyone who sends an employment requirements claim gets a verification and is assigned a claim number. You will be contacted by the ministry once the claim has been assigned for examination.
The claims investigation process can take numerous months. Most of the times, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, the claim will then be designated to a work standards officer (ESO). The ESO completes the investigation, offers a written decision and takes enforcement action if required.
To avoid hold-ups with processing your claim, please make sure all details is appropriate and supporting documents are filed. If you are sending a problem, you should sign up for the claimant website so you can visit to see where your problem is in the process.