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Suing
In Ontario, employment you might submit a claim 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 task, please visit Employment Ontario to learn how they can assist you get training, build abilities or find a new job.
Filing a claim
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 also submit a claim online for concerns connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand what to anticipate when filing an employment requirements claim
If you have currently started a claim
If you have currently begun or filed a claim through the claimant website, you can:
– indication in to continue your claim
– check the status of your claim
– upload files to your claim.
Creating a My Ontario account
If you have formerly registered for the claimant portal using a ONe-Key account, please select the sign-in/ develop account button and create a My Ontario account utilizing the very same e-mail address that was used when you enrolled in the claimant portal. If you do not utilize the exact same email address, you will not be able to see any of your formerly submitted claims. If you require assistance, please get in touch with the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for an introduction of the portal features, including how to sign-up and use the website.
Internet web browser requirements
To sue online using e-claim or to access the claimant website you ought to utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other browsers might 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 form.
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 employees operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some workers who are covered by the ESA have unique rules and/or exemptions that might apply to them.
A claim might be made when you believe your company has actually broken your rights under the ESA.
Examples of ESA violations include:
– Failure to pay a worker the correct rate of pay and/or public vacation pay, vacation pay or other earnings they are entitled to under the ESA.
– Not offering a worker with time off for an entitled leave of lack under the ESA or penalizing a staff member for taking such a leave.
– Not offering an employee with wage statements or other required documents.
For more details, go to Your Guide to the Employment Standards Act or employment the Guide to special guidelines and exemptions.
The ESA is not the only law that uses to Ontario offices. The rules under the ESA are minimum requirements. You may have greater rights under:
– an employment agreement
– cumulative agreement
– the typical law
– other legislation
If you have questions about your entitlements, you may wish to call a lawyer.
Time limits for filing an ESA claim
There are time limitations that apply to submitting an ESA claim. Generally, you must sue within two years of the supposed ESA offense. If you sue within the two-year limit a work standards officer will examine the claim.
Similarly, if your employer owes you salaries, the incomes must have been owed to you in the two years before your claim was applied for 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 broken your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are seeking work in Ontario through a migration or foreign momentary worker program. For example, if you are working or trying to find 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 include:
– a recruiter charging you any costs
– an employer charging you for working with expenses (with limited exceptions).
– a recruiter or employment company holding onto your residential or commercial property (such as a passport).
– a recruiter or company punishing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For example, if you are not being paid all earnings owed, employment you might be able to submit a claim under the ESA.
Time limits for submitting an EPFNA claim
Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work requirements officer can generally issue 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 claims
The Protecting Child Performers Act (PCPA) provides certain workplace securities to kid performers who are under 18 years of age working in the live and recorded home entertainment industries.
It consists of minimum rights with regard to hours of work, breaks and payment of travel costs.
The PCPA applies to:
– child entertainers.
– their moms and dads.
– their guardians.
– employers.
Sections are implemented by the Health and wellness 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 submit a PCPA claim if you think workplace securities have actually not been offered to a child performer in Ontario. Suing is complimentary.
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 kid performer should not be covered by a cumulative agreement.
To sue:
Download the claim form from the forms repository and wait to your computer.
1. Open the form with Adobe Reader (download Adobe Reader for totally free).
2. Fill out the kind with all the needed information.
3. Select the « send by email » button within the form to send your claim.
Please only file your claim when.
After you sue:
– You will get an email confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as rapidly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim must be submitted within 2 years of the supposed PCPA .
When a claim can not be submitted
Generally, a claim can not be filed if:
– you have taken court action versus your employer for the same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you need to withdraw your sent claim within 2 weeks after it is filed.
This claim form is not intended for you if:
– you operate in a market that falls under federal jurisdiction.
– you wish to file a complaint about occupational health and safety.
– you desire to submit a human rights grievance under the Human Rights Code.
– you desire to sue with the Workplace Safety and Insurance Board (WSIB).
What to expect after you file a claim
Claims are examined in the order that they are received. The quantity of time it takes for a claim to be appointed differs, depending on a number of elements, including the amount of inbound claims. Anyone who sends a work standards declare receives a confirmation and is designated a claim number. You will be gotten in touch with by the ministry once the claim has actually been appointed for investigation.
The claims investigation process can take several months. Most of the times, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not dealt with by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO finishes the investigation, provides a written decision and takes enforcement action if necessary.
To prevent delays with processing your claim, please ensure all details is right and supporting documents are filed. If you are sending a grievance, you need to register for the claimant website so you can log in to see where your complaint remains in the process.