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Suing
In Ontario, you might file a claim with the Ministry of Labour, employment Immigration, employment 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 violated.
If you have actually lost your job, please go to Employment Ontario to discover how they can help you get training, develop skills or discover a brand-new job.
Filing a claim
You can sue online for any problems connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can likewise sue online for issues relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the filing a claim video to comprehend 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 portal, you can:
– indication in to continue your claim
– inspect the status of your claim
– upload documents to your claim.
Creating a My Ontario account
If you have formerly registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ produce account button and produce a My Ontario account using the very same email address that was utilized when you enrolled in the claimant portal. If you do not utilize the exact same email address, you will not have the ability to see any of your formerly sent claims. If you need help, please contact the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for an overview of the portal functions, including how to sign-up and use the website.
Internet web browser requirements
To sue online using e-claim or to access the claimant portal you need to 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 types
You can likewise 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 declares
Most workers 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 special guidelines and/or exemptions that might apply to them.
A claim might be made when you believe your employer has breached your rights under the ESA.
Examples of ESA violations consist of:
– Failure to pay an employee the proper rate of pay and/or public vacation pay, vacation pay or other incomes they are entitled to under the ESA.
– Not supplying an employee with time off for an entitled leave of absence under the ESA or penalizing an employee for taking such a leave.
– Not offering a staff member with wage declarations or other required documents.
For more details, employment check out Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.
The ESA is not the only law that applies to Ontario offices. The guidelines under the ESA are minimum requirements. You may have higher rights under:
– a work contract
– cumulative contract
– the common law
– other legislation
If you have concerns about your entitlements, you might wish to call an attorney.
Time frame for filing an ESA claim
There are time limitations that apply to filing an ESA claim. Generally, you need to sue within 2 years of the alleged ESA offense. If you submit a claim within the two-year limitation an employment standards officer will investigate the claim.
Similarly, if your employer owes you incomes, employment the earnings must have been owed to you in the 2 years before your claim was filed for the salaries 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 broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign momentary staff member program. For example, 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 apply to you.
Examples of EPFNA offenses consist of:
– a recruiter charging you any costs
– a company charging you for employing costs (with restricted exceptions).
– an employer or company holding onto your property (such as a passport).
– an employer or employer penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals in Ontario likewise have rights under the ESA. For instance, if you are not being paid all incomes owed, you may be able to submit a claim under the ESA.
Time limitations 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 offense. 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 period before the date you filed an EPFNA claim.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) offers particular office protections to child performers who are under 18 years of age working in the live and taped home entertainment industries.
It consists of minimum rights with regard to hours of work, breaks and payment of travel expenditures.
The PCPA applies to:
– child performers.
– their parents.
– their guardians.
– employers.
Sections are imposed by the Health and wellness Program or the Employment Standards Program.
Discover more about the rights of child 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 actually not been provided to a child performer in Ontario. Suing is free.
To sue, you must be either:
– a child entertainer under 18 years of age.
– the parent or guardian of a child performer under 18 years of age.
The child performer must not be covered by a collective arrangement.
To file a claim:
Download the claim type from the types repository and conserve it to your computer.
1. Open the form with Adobe Reader (download Adobe Reader free of charge).
2. Fill in the form with all the needed information.
3. Select the “submit by email” button within the form to submit your claim.
Please just submit 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 personnel will investigate your claim as rapidly as possible.
Time restricts to filing a PCPA claim
Generally, a PCPA claim must be submitted within 2 years of the alleged PCPA infraction.
When a claim can not be filed
Generally, a claim can not be filed if:
– you have actually taken court action against your employer for the very 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 must withdraw your sent claim within two weeks after it is filed.
This claim kind is not planned for you if:
– you work in an industry that falls under federal jurisdiction.
– you want 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 sue with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you file a claim
Claims are investigated in the order that they are gotten. The quantity of time it considers a claim to be appointed differs, depending upon numerous aspects, including the amount of inbound claims. Anyone who sends an employment standards declare gets a confirmation and is designated a claim number. You will be contacted by the ministry once the claim has actually been assigned for investigation.
The claims examination procedure 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 resolved by the ERO, the claim will then be assigned to an employment requirements officer (ESO). The ESO finishes the investigation, supplies a written choice and takes enforcement action if required.
To prevent delays with processing your claim, please ensure all info is correct and supporting documents are submitted. If you are submitting a complaint, you ought to register for the claimant portal so you can log in to see where your complaint is in the process.