Suing

In Ontario, you may file a claim with the Ministry of Labour, 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 job, please check out Employment Ontario to learn how they can assist you get training, construct abilities or find a new task.

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).

File a claim

You can likewise submit a claim online for problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to anticipate when submitting a work requirements claim

If you have actually currently started a claim

If you have already begun or sued through the claimant website, you can:

– sign in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have formerly registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account utilizing the exact same e-mail address that was utilized when you enrolled 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 submitted claims. If you need support, 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, consisting of how to sign-up and utilize the website.

Internet web browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also 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, Ontario
P6A 6V4

Employment Standards Act claims

Most workers operating in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that might apply to them.

A claim may be made when you think your company has broken your rights under the ESA.

of ESA infractions consist of:

– Failure to pay a worker the proper rate of pay and/or public holiday pay, getaway pay or employment other wages they are entitled to under the ESA.

– Not offering an employee with time off for an entitled leave of lack under the ESA or punishing an employee for taking such a leave.

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

To learn more, see Your Guide to the Employment Standards Act or the Guide to special rules and employment exemptions.

The ESA is not the only law that applies to Ontario workplaces. The rules under the ESA are minimum requirements. You might have greater rights under:

– a work contract

– collective agreement

– the common law

– other legislation

If you have concerns about your privileges, you may want to contact a legal representative.

Time frame for submitting an ESA claim

There are time limits that apply to submitting an ESA claim. Generally, you need to sue within 2 years of the alleged ESA violation. If you submit a claim within the two-year limit an employment standards officer will investigate the claim.

Similarly, if your company owes you incomes, the earnings should have been owed to you in the 2 years before your claim was declared the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

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

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through a migration or foreign temporary worker program. For instance, if you are working or searching 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:

– a recruiter charging you any costs

– an employer charging you for hiring costs (with restricted exceptions).

– an employer or employer holding onto your home (such as a passport).

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

Foreign nationals used in Ontario also have rights under the ESA. For instance, if you are not being paid all incomes owed, you might have the ability to file a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work requirements officer can normally release an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides particular work environment protections to child entertainers who are under 18 years of age working in the live and taped entertainment markets.

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

The PCPA applies to:

– child entertainers.

– their parents.

– their guardians.

– employers.

Sections are imposed by the Health and Safety Program or the Employment Standards Program.

Find out more about the rights of child performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace defenses have actually not been provided to a kid performer in Ontario. Filing a claim is totally free.

To submit a claim, you need to be either:

– a child entertainer under 18 years of age.

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

The child entertainer should not be covered by a cumulative contract.

To sue:

Download the claim form from the types repository and wait to your computer system.

1. Open the type with Adobe Reader (download Adobe Reader for complimentary).

2. Complete the form with all the needed information.

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

Please only submit your claim once.

After you sue:

– You will receive an email confirmation that includes your claim number.

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

Time frame to filing a PCPA claim

Generally, a PCPA claim should be filed within two years of the alleged PCPA offense.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action versus your company for the exact same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your sent claim within 2 weeks after it is submitted.

This claim type is not meant for employment you if:

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

– you wish to submit a complaint about occupational health and wellness.

– you wish to submit a human rights problem under the Human Rights Code.

– you wish to file a claim with the Workplace Safety and Insurance Board (WSIB).

What to anticipate after you sue

Claims are examined in the order that they are received. The quantity of time it considers a claim to be assigned varies, depending on numerous elements, including the quantity of incoming claims. Anyone who submits an employment requirements claim receives a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has actually been designated 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 dealt with by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO completes the examination, supplies a written choice and takes enforcement action if required.

To prevent delays with processing your claim, please guarantee all details is appropriate and supporting documents are submitted. If you are submitting a problem, you ought to sign up for the claimant portal so you can log in to see where your problem is in the process.