Suing

In Ontario, you might 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 Protecting Child Performers Act (PCPA) is being broken.

If you have actually lost your job, please visit Employment Ontario to discover how they can assist you get training, build skills or discover a new task.

Suing

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

File a claim

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

File a PCPA claim

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

If you have actually currently begun a claim

If you have actually already started or sued through the claimant portal, you can:

- check 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 utilizing a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account using the same email address that was used when you enrolled in the claimant portal. If you do not use the very same email address, you will not have the ability to see any of your previously sent claims. If you require help, please contact the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for employment an overview of the portal functions, including 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 ought to utilize:

- Chrome

- Firefox

- Microsoft Edge

- Safari


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

PDF claim forms

You can likewise 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 employees working 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 special guidelines and/or exemptions that may use to them.

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

Examples of ESA violations consist of:

- Failure to pay an employee the appropriate rate of pay and/or public holiday pay, getaway pay or other earnings they are entitled to under the ESA.

- Not providing a worker with time off for an entitled leave of lack under the ESA or penalizing a worker for taking such a leave.

- Not offering a worker with wage statements or other needed documents.


For additional information, check out Your Guide to the Employment Standards Act or the Guide to unique rules and 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:

- an employment agreement

- cumulative arrangement

- the common law

- other legislation


If you have questions about your privileges, you might want to contact a legal representative.

Time limitations for submitting an ESA claim

There are time frame that apply to submitting an ESA claim. Generally, you must file a claim within 2 years of the supposed ESA offense. If you file a claim within the two-year limit an employment standards officer will investigate the claim.

Similarly, if your employer owes you earnings, the incomes should have been owed to you in the two years before your claim was applied for the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim might be made when you think your company or a recruiter has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or employment are seeking work in Ontario through an immigration or foreign short-lived worker program. For instance, if you are working or searching for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, employment the EPFNA would likely apply to you.

Examples of EPFNA offenses include:

- a recruiter charging you any fees

- a company charging you for employing costs (with limited exceptions).

- an employer 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 utilized in Ontario also have rights under the ESA. For example, if you are not being paid all wages owed, you may have the ability to file a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment standards officer can usually release an order for cash owed to you under the EPFNA in the three-and-a-half-year duration 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) offers certain workplace securities to child entertainers who are under 18 years of age working in the live and recorded home entertainment markets.

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

The PCPA applies to:

- child performers.

- their moms and dads.

- their guardians.

- companies.


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

Find out more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace defenses have actually not been offered to a kid performer in Ontario. Filing a claim is complimentary.

To file a claim, you need to be either:

- a child performer under 18 years of age.

- the moms and dad or guardian of a child performer under 18 years of age.


The child performer need to not be covered by a cumulative contract.

To sue:

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

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

2. Fill in the type with all the needed details.

3. Select the "send by email" button within the form to send your claim.


Please only file your claim once.

After you sue:

- You will receive an e-mail verification that includes your claim number.

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


Time limits to submitting a PCPA claim

Generally, employment a PCPA claim must be filed within 2 years of the supposed PCPA violation.

When a claim can not be filed

Generally, a claim can not be filed if:

- you have taken court action versus your company for the exact 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, you need to withdraw your submitted claim within two weeks after it is filed.

This claim kind is not intended for you if:

- you operate in an industry that falls under federal jurisdiction.

- you wish to submit a grievance about occupational health and safety.

- you wish to submit a human rights complaint under the Human Rights Code.

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


What to anticipate after you submit a claim

Claims are investigated in the order that they are received. The amount of time it takes for a claim to be assigned differs, depending upon a number of aspects, consisting of the amount of incoming claims. Anyone who sends an employment standards declare gets a verification and is designated a claim number. You will be contacted by the ministry once the claim has actually been appointed for examination.

The claims examination procedure can take numerous months. Most of the times, employment a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO completes the investigation, offers a composed decision and takes enforcement action if required.

To avoid hold-ups with processing your claim, please ensure all details is appropriate and supporting documents are filed. If you are submitting a complaint, you need to sign up for the claimant portal so you can visit to see where your problem is in the procedure.