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Suing
In Ontario, you might sue 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 breached.
If you've lost your job, please visit Employment Ontario to discover how they can help you get training, construct abilities or find a 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 file a claim online for problems relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the submitting a claim video to understand what to anticipate when filing a work requirements claim
If you have currently started a claim
If you have currently begun or sued through the claimant portal, you can:
- check in to continue your claim
- inspect the status of your claim
- upload files to your claim.
Creating a My Ontario account
If you have actually formerly signed up for the claimant website utilizing a ONe-Key account, please select the sign-in/ create account button and produce a My Ontario account utilizing the exact same e-mail address that was used when you registered in the claimant website. If you do not use the same email address, you will not have the ability to see any of your formerly sent claims. If you require assistance, please call the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and use the portal.
Internet web browser requirements
To sue online utilizing e-claim or to access the claimant website you ought 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 kinds
You can also file an ESA or EPFNA claim using the PDF claim type.
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 employees are not covered by the ESA and some workers who are covered by the ESA have unique rules and/or exemptions that may apply to them.
A claim may be made when you think your company has actually breached your rights under the ESA.
Examples of ESA offenses include:
- Failure to pay a worker the right rate of pay and/or public vacation pay, getaway pay or other earnings they are entitled to under the ESA.
- Not supplying an employee with time off for an entitled leave of lack under the ESA or punishing an employee for taking such a leave.
- Not offering a worker with wage declarations or other required documents.
For additional information, check out Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.
The ESA is not the only law that applies to Ontario offices. The rules under the ESA are minimum requirements. You may have greater rights under:
- an employment agreement
- collective arrangement
- the typical law
- other legislation
If you have questions about your entitlements, you may wish to get in touch with an attorney.
Time limits for filing an ESA claim
There are time limitations that use to submitting an ESA claim. Generally, you must sue within 2 years of the supposed ESA offense. If you file a claim within the two-year limitation an employment standards officer will investigate the claim.
Similarly, if your company owes you wages, the incomes need to have been owed to you in the 2 years before your claim was declared the wages to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim might be made when you think your company or an employer has 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 example, if you are working or searching for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.
Examples of EPFNA violations consist of:
- a recruiter charging you any costs
- a company charging you for working with expenses (with minimal exceptions).
- an employer or employer holding onto your residential or commercial property (such as a passport).
- a recruiter or employer punishing you for asking about or exercising your EPFNA rights.
Foreign nationals employed in Ontario also have rights under the ESA. For instance, if you are not being paid all wages owed, you might be able to sue under the ESA.
Time limitations for filing an EPFNA claim
Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment standards officer can normally provide 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.
Learn more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) offers specific work environment securities to child performers who are under 18 years of age working in the live and recorded show business.
It includes minimum rights with respect to hours of work, referall.us breaks and payment of travel expenses.
The PCPA applies to:
- kid performers.
- their moms and dads.
- their guardians.
- companies.
Sections are imposed by the Health and wellness Program or the Employment Standards Program.
Discover more about the rights of kid 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 offered to a child performer in . Filing a claim is totally free.
To sue, you must be either:
- a child performer under 18 years of age.
- the parent or guardian of a child performer under 18 years of age.
The child performer should not be covered by a collective agreement.
To file a claim:
Download the claim type from the kinds repository and conserve it to your computer.
1. Open the type with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the kind with all the needed info.
3. Select the "submit by e-mail" button within the kind to submit your claim.
Please only submit your claim when.
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 frame to submitting a PCPA claim
Generally, a PCPA claim should be submitted within two years of the alleged PCPA violation.
When a claim can not be submitted
Generally, a claim can not be submitted if:
- you have actually taken court action versus your company for the exact same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your submitted claim within two weeks after it is filed.
This claim kind is not planned for you if:
- you operate in a market that falls under federal jurisdiction.
- you want to submit a grievance about occupational health and wellness.
- you wish to submit a human rights complaint under the Human Rights Code.
- you want 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 amount of time it considers a claim to be designated varies, depending upon several aspects, consisting of the quantity of incoming claims. Anyone who submits an employment requirements claim gets a confirmation and is assigned a claim number. You will be called by the ministry once the claim has actually been assigned for investigation.
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 designated to a work requirements officer (ESO). The ESO finishes the investigation, supplies a composed choice and takes enforcement action if necessary.
To avoid hold-ups with processing your claim, please ensure all info is appropriate and supporting files are filed. If you are sending a problem, you need to register for the claimant portal so you can log in to see where your complaint remains in the procedure.