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Suing

In Ontario, you may sue with the Ministry of Labour, Immigration, Training and Skills Development if you believe the Employment Standards Act (ESA), Employment Protection for referall.us 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 assist you get training, construct abilities or discover a new job.

Suing

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 problems associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to comprehend what to expect when filing a work standards declare

If you have actually currently begun a claim

If you have already begun or filed a claim through the claimant website, you can:

- sign in to continue your claim

- examine the status of your claim

- upload documents to your claim.

Creating a My Ontario account

If you have previously registered for the claimant website using a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account using the exact same e-mail address that was used when you registered in the claimant website. If you do not use the exact same e-mail address, you will not be able to see any of your previously submitted claims. If you require help, please contact the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for an introduction of the portal functions, somalibidders.com including how to sign-up and use the portal.

Internet internet browser requirements

To file a claim online utilizing e-claim or to access the claimant portal 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 website.

PDF claim kinds

You can also submit 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 claims

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

A claim may be made when you believe your company has violated your rights under the ESA.

Examples of ESA infractions consist of:

- Failure to pay a worker the right rate of pay and/or public holiday pay, getaway pay or other salaries they are entitled to under the ESA.

- Not supplying an employee with time off for an entitled leave of lack under the ESA or penalizing an employee for taking such a leave.

- Not providing a worker with wage declarations or other needed files.

For additional information, see Your Guide to the Employment Standards Act or the Guide to unique rules 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 higher rights under:

- an employment agreement

- collective agreement

- the common law

- other legislation

If you have questions about your privileges, you may want to call a legal representative.

Time limits for filing an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you need to sue within two years of the supposed ESA violation. If you file a claim within the two-year limit an employment standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim may be made when you believe your company or an employer has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through an immigration or foreign short-term staff member program. For instance, if you are working or searching for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.

Examples of EPFNA offenses consist of:

- a recruiter charging you any fees

- an employer charging you for working with costs (with limited exceptions).

- an employer or company holding onto your residential or commercial property (such as a passport).

- a recruiter or employer penalizing you for asking 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 earnings owed, you might have the to sue under the ESA.

Time limitations for submitting an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work 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.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) supplies specific office protections to child entertainers who are under 18 years of age working in the live and recorded entertainment industries.

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

The PCPA uses to:

- child performers.

- their moms and dads.

- their guardians.

- employers.

Sections are imposed 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 file a PCPA claim if you believe workplace defenses have not been supplied to a kid performer in Ontario. Filing a claim is complimentary.

To submit a claim, you should be either:

- a kid entertainer under 18 years of age.

- the parent or guardian of a kid performer under 18 years of age.

The child performer should not be covered by a collective agreement.

To sue:

Download the claim kind from the kinds repository and conserve it to your computer system.

1. Open the type with Adobe Reader (download Adobe Reader totally free).

2. Fill out the type with all the needed information.

3. Select the "send by email" button within the type to submit your claim.

Please just submit your claim once.

After you sue:

- You will get an email verification that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as rapidly as possible.

Time limits to filing a PCPA claim

Generally, a PCPA claim should be filed within 2 years of the alleged PCPA violation.

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 submitted claim within two weeks after it is filed.

This claim type is not meant for you if:

- you work in a market that falls under federal jurisdiction.

- you wish to submit a grievance about occupational health and safety.

- you desire to file a human rights complaint under the Human Rights Code.

- you wish to file a claim with the Workplace Safety and Insurance Board (WSIB).

What to anticipate after you sue

Claims are examined in the order that they are received. The amount of time it considers a claim to be appointed differs, depending on several elements, consisting of the quantity of inbound claims. Anyone who sends a work standards declare gets a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for examination.

The claims examination procedure can take a number of months. In a lot of cases, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not dealt with by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO completes the investigation, offers a composed decision and takes enforcement action if needed.

To prevent hold-ups with processing your claim, please guarantee all details is appropriate and supporting documents are submitted. If you are sending a grievance, you must sign up for the claimant website so you can visit to see where your complaint remains in the process.