Suing

In Ontario, you may sue 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 check out Employment Ontario to learn how they can assist you get training, construct skills or find a brand-new task.

Suing

You can submit a claim online for any concerns associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can also sue online for concerns associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to understand what to expect when submitting a work standards claim

If you have already started a claim

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

– check in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually formerly registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ create account button and produce 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 same email address, you will not have the ability to see any of your previously submitted claims. If you require support, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet internet browser requirements

To sue online utilizing e-claim or to access the claimant website you must use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other web browsers may work, however they are not supported by the e-claim or claimant portal.

PDF claim forms

You can also submit an ESA or EPFNA claim utilizing 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 claims

Most workers operating in Ontario are covered by the ESA. However, some staff members 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 might be made when you think your employer has broken your rights under the ESA.

Examples of ESA offenses consist of:

– Failure to pay a staff member the proper rate of pay and/or public holiday pay, trip pay or other salaries they are entitled to under the ESA.

– Not a worker with time off for an entitled leave of absence under the ESA or penalizing a worker for taking such a leave.

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

To learn more, 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 work environments. The guidelines under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– cumulative agreement

– the typical law

– other legislation

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

Time frame for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you need to sue within 2 years of the alleged ESA infraction. If you submit a claim within the two-year limit an employment requirements officer will examine the claim.

Similarly, if your employer owes you salaries, the salaries must have been owed to you in the two years before your claim was submitted for somalibidders.com the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through a migration or foreign temporary worker program. For instance, 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:

– an employer charging you any costs

– an employer charging you for employing expenses (with limited exceptions).

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

– an employer or employer punishing you for inquiring about or exercising your EPFNA rights.

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

Time frame for filing an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment standards officer can generally 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides certain work environment protections to child performers who are under 18 years of age working in the live and documented show business.

It includes minimum rights with regard to hours of work, breaks and payment of travel expenses.

The PCPA uses to:

– kid entertainers.

– their moms and dads.

– their guardians.

– companies.

Sections are enforced by the Health and wellness Program or referall.us the Employment Standards Program.

Learn more about the rights of child entertainers 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 child entertainer in Ontario. Suing is totally free.

To file a claim, you must be either:

– a kid entertainer 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 collective arrangement.

To sue:

Download the claim form from the forms repository and conserve it to your computer system.

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

2. Fill in the kind with all the required information.

3. Select the “submit by email” button within the kind to send your claim.

Please only file your claim as soon as.

After you sue:

– You will get an e-mail confirmation that includes your claim number.

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

Time restricts to submitting a PCPA claim

Generally, a PCPA claim should be filed within 2 years of the supposed PCPA infraction.

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have taken court action against your company for the very same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and adremcareers.com Skills Development and choose to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is filed.

This claim form is not meant for you if:

– you operate 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 problem under the Human Rights Code.

– you wish to sue 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 varies, depending upon several aspects, including the amount of inbound claims. Anyone who sends an employment standards claim gets a verification and is appointed a claim number. You will be contacted by the ministry once the claim has actually been assigned for investigation.

The claims investigation procedure can take a number of months. For the most part, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO finishes the investigation, offers a written decision and takes enforcement action if necessary.

To avoid delays with processing your claim, please make sure all info is right and supporting files are filed. If you are sending a problem, you must register for the claimant website so you can visit to see where your problem is in the procedure.