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Suing
In Ontario, you may file 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 job Protecting Child Performers Act (PCPA) is being broken.
If you have actually lost your job, please visit Employment Ontario to discover how they can help you get training, build abilities or discover a new task.
Filing a claim
You can submit a claim online for any concerns relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can also sue online for issues connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the filing a claim video to comprehend what to expect when submitting an employment standards claim
If you have actually already started a claim
If you have already started 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 actually formerly signed up for the claimant website using a ONe-Key account, please choose the sign-in/ develop account button and develop a My Ontario account using the exact same e-mail address that was utilized when you registered in the claimant website. If you do not utilize the very same email address, you will not be able to see any of your previously sent claims. If you need help, please get in touch with the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for job a summary of the portal features, including how to sign-up and use the website.
Internet internet browser requirements
To sue online using e-claim or to access the claimant portal you must use:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other web browsers might work, however they are not supported by the e-claim or claimant website.
PDF claim forms
You can likewise file 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, job Ontario
P6A 6V4
Employment Standards Act claims
Most employees working 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 special rules and/or job exemptions that might use to them.
A claim may be made when you think your company has breached your rights under the ESA.
Examples of ESA offenses consist of:
– Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, getaway pay or other salaries they are entitled to under the ESA.
– Not providing an employee with time off for an entitled leave of absence under the ESA or penalizing an employee for taking such a leave.
– Not supplying a staff member with wage declarations or other needed files.
For more details, see Your Guide to the Employment Standards Act or the Guide to special rules 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 greater rights under:
– an employment contract
– collective arrangement
– the common law
– other legislation
If you have concerns about your privileges, you might wish to get in touch with a lawyer.
Time frame for filing an ESA claim
There are time limitations that use to filing an ESA claim. Generally, you need to submit a claim within two years of the supposed ESA infraction. If you file a claim within the two-year limitation an employment requirements officer will examine the claim.
Similarly, if your employer owes you incomes, the earnings should have been owed to you in the 2 years before your claim was declared the earnings to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim may be made when you think your employer or a recruiter has breached your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign temporary employee program. For example, if you are working or trying to find work 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 violations include:
– a recruiter charging you any fees
– a company charging you for working with costs (with restricted exceptions).
– an employer or employer holding onto your home (such as a passport).
– an employer or employer penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals employed in Ontario likewise have rights under the ESA. For instance, if you are not being paid all salaries owed, you may have the ability to sue under the ESA.
Time frame for filing an EPFNA claim
Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment standards officer can typically issue an order for cash owed to you under the EPFNA in the three-and-a-half-year period 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) provides certain work environment securities to child entertainers who are under 18 years of age working in the live and documented home entertainment industries.
It includes minimum rights with respect to hours of work, breaks and payment of travel expenditures.
The PCPA applies to:
– kid entertainers.
– their parents.
– their guardians.
– employers.
Sections are enforced by the Health and Safety Program or the Employment Standards Program.
Learn more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.
Filing a PCPA claim
You can submit a PCPA claim if you believe workplace defenses have not been offered to a kid entertainer in Ontario. Suing is free.
To sue, you must be either:
– a child performer under 18 years of age.
– the moms and dad or guardian of a kid performer under 18 years of age.
The child entertainer need to not be covered by a cumulative contract.
To file a claim:
Download the claim type from the forms repository and conserve it to your computer system.
1. Open the type with Adobe Reader (download Adobe Reader for complimentary).
2. Complete the type with all the required info.
3. Select the « send by email » button within the type to send your claim.
Please only file your claim as soon as.
After you submit a claim:
– 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 frame to submitting a PCPA claim
Generally, a PCPA claim must be submitted within two years of the alleged PCPA offense.
When a claim can not be filed
Generally, a claim can not be submitted if:
– you have actually taken court action versus your company for the same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and job decide to pursue your rights through the courts, you should withdraw your sent claim within two weeks after it is filed.
This claim kind is not meant for you if:
– you work in a market that falls under federal jurisdiction.
– you wish to file a problem about occupational health and wellness.
– you wish 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 anticipate after you file a claim
Claims are examined in the order that they are gotten. The quantity of time it takes for a claim to be assigned differs, depending upon numerous factors, including the quantity of incoming claims. Anyone who sends an employment standards claim gets a confirmation and job is appointed a claim number. You will be called by the ministry once the claim has been assigned for examination.
The claims investigation procedure can take numerous months. For the most part, a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not resolved by the ERO, the claim will then be assigned to an employment requirements officer (ESO). The ESO finishes the examination, supplies a composed choice and takes enforcement action if necessary.
To prevent delays with processing your claim, please ensure all details is appropriate and supporting files are . If you are sending a complaint, you must register for the claimant website so you can visit to see where your grievance is in the process.