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Suing
In Ontario, you may sue with the Ministry of Labour, Immigration, Training and Skills Development if you believe the 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 see Employment Ontario to discover how they can assist you get training, construct abilities or find a new job.
Filing a claim
You can sue online for any concerns associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also submit a claim online for concerns associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the filing a claim video to comprehend what to anticipate when submitting a work standards claim
If you have currently begun a claim
If you have actually already started or filed a claim 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 previously registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ create account button and develop a My Ontario account using the same e-mail address that was used when you registered in the claimant portal. If you do not utilize the very same e-mail address, you will not have the ability to see any of your formerly sent claims. If you need support, please contact the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for an introduction of the portal features, consisting of how to sign-up and utilize the website.
Internet web browser requirements
To submit a claim online utilizing e-claim or to access the claimant website you need to utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other web browsers might work, however they are not supported by the e-claim or claimant portal.
PDF claim types
You can likewise submit 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 claims
Most workers working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some staff members who are covered by the ESA have special guidelines and/or exemptions that might apply to them.
A claim may be made when you think your employer has violated your rights under the ESA.
Examples of ESA infractions consist of:
– Failure to pay a worker the appropriate rate of pay and/or public vacation pay, vacation pay or other wages they are entitled to under the ESA.
– Not offering a staff member with time off for an entitled leave of absence under the ESA or punishing an employee for taking such a leave.
– Not offering an employee with wage declarations or other required files.
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 uses to Ontario workplaces. The guidelines under the ESA are minimum requirements. You might have higher rights under:
– an employment agreement
– cumulative agreement
– the typical law
– other legislation
If you have questions about your entitlements, you may want to contact a lawyer.
Time frame for filing an ESA claim
There are time frame that use to submitting an ESA claim. Generally, you need to file a claim within two years of the supposed ESA infraction. If you submit a claim within the two-year limitation an employment requirements officer will examine the claim.
Similarly, if your company owes you salaries, the wages should have been owed to you in the 2 years before your claim was declared the salaries 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 breached your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through a migration or foreign momentary worker program. For instance, if you are working or looking for work 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:
– an employer charging you any fees
– a company charging you for employing costs (with restricted exceptions).
– a recruiter 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 likewise have rights under the ESA. For instance, if you are not being paid all incomes owed, you may be able to sue under the ESA.
Time limitations for filing an EPFNA claim
Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work requirements officer can usually release an order for money owed to you under the EPFNA in the three-and-a-half-year period 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) provides particular work environment defenses to child entertainers who are under 18 years of age working in the live and documented show business.
It includes 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 entertainers under the PCPA and check out the Child Performers Guideline.
Filing a PCPA claim
You can submit a PCPA claim if you believe workplace protections have not been provided to a kid entertainer in Ontario. Filing a claim is free.
To sue, you need to be either:
– a kid performer 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 arrangement.
To submit a claim:
Download the claim type from the types repository and conserve it to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader totally free).
2. Fill out the kind with all the needed information.
3. Select the « send by e-mail » button within the kind to submit your claim.
Please only submit your claim once.
After you file a claim:
– You will receive an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as quickly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim need to be submitted within two years of the alleged PCPA infraction.
When a claim can not be filed
Generally, a claim can not be filed if:
– you have actually taken court action against your employer for the very same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, referall.us Training and Skills Development and choose to pursue your rights through the courts, you must withdraw your submitted claim within two weeks after it is submitted.
This claim form is not planned for you if:
– you operate in an industry that falls under federal jurisdiction.
– you desire to file a problem about occupational health and safety.
– you want to submit a human rights problem under the Human Rights Code.
– you want 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 considers a claim to be appointed varies, depending upon numerous aspects, consisting of the quantity of inbound claims. Anyone who sends an employment requirements 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 appointed for examination.
The claims examination procedure can take a number of months. For the most part, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO completes the investigation, supplies a composed choice and takes enforcement action if needed.
To avoid hold-ups with processing your claim, please ensure all details is right and supporting files are submitted. If you are submitting a complaint, you need to register for the claimant portal so you can visit to see where your complaint remains in the process.