Suing

In Ontario, you might sue with the Ministry of Labour, employment 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 visit Employment Ontario to find out how they can assist you get training, develop skills or find a new task.

Filing a claim

You can file a claim 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 issues connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when submitting an employment requirements claim

If you have actually currently started a claim

If you have actually currently started or submitted a claim through the claimant website, you can:

– indication 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/ produce account button and develop a My Ontario account using the exact same e-mail address that was used when you enrolled in the claimant portal. If you do not utilize the very 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/ develop account

Watch the claimant portal video for a summary of the portal functions, consisting of how to sign-up and employment use the website.

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

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 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 might be made when you think your company has breached your rights under the ESA.

Examples of ESA violations include:

– Failure to pay a staff member the right rate of pay and/or public holiday pay, getaway pay or other incomes 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 a staff member for taking such a leave.

– Not supplying a worker with wage statements or other needed documents.

To find out more, see 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 might have greater rights under:

– an employment agreement

– collective contract

– the typical law

– other legislation

If you have concerns about your entitlements, you might wish to call a lawyer.

Time limits for submitting an ESA claim

There are time frame that use to filing an ESA claim. Generally, you need to sue within 2 years of the supposed ESA offense. If you sue within the two-year limit a work requirements officer will investigate 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 declared the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim may be made when you think your company or an employer has violated 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 employee 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 offenses include:

– an employer charging you any fees

– a company charging you for employing costs (with restricted exceptions).

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

– a recruiter or company penalizing you for inquiring about or employment exercising your EPFNA rights.

Foreign nationals employed in Ontario also have rights under the ESA. For instance, if you are not being paid all salaries owed, you may be able to submit a claim under the ESA.

Time limits for filing an EPFNA claim

Generally, employment you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment requirements officer can usually issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides certain workplace protections to child entertainers who are under 18 years of age working in the live and documented home entertainment industries.

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

The PCPA applies to:

– child entertainers.

– their parents.

– their guardians.

– companies.

Sections are implemented 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 submit a PCPA claim if you think workplace defenses have not been provided to a child entertainer in Ontario. Filing a claim is free.

To sue, you must be either:

– a kid performer under 18 years of age.

– the moms and dad or guardian of a kid entertainer under 18 years of age.

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

To sue:

Download the claim type from the kinds repository and wait to your computer system.

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

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

3. Select the “submit by e-mail” button within the form to send your claim.

Please only submit your claim as soon as.

After you sue:

– You will get an email confirmation 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 should be filed within 2 years of the supposed PCPA violation.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have taken court action against your employer for the 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, employment you should withdraw your submitted claim within 2 weeks after it is submitted.

This claim kind is not meant for you if:

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

– you wish to submit a problem about occupational health and safety.

– you want to submit a human rights complaint under the Human Rights Code.

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

What to anticipate after you submit a claim

Claims are examined in the order that they are gotten. The amount of time it takes for a claim to be assigned differs, depending on numerous elements, including the amount of inbound claims. Anyone who sends an employment requirements declare receives a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for investigation.

The claims investigation procedure can take several months. In many cases, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not resolved by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO completes the examination, offers a composed choice and takes enforcement action if essential.

To prevent hold-ups with processing your claim, please ensure all details is appropriate and supporting files are submitted. If you are sending a grievance, you need to register for the claimant portal so you can log in to see where your complaint remains in the procedure.