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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 violated.

If you’ve lost your task, please check out Employment Ontario to find out how they can help you get training, construct skills or find a brand-new job.

Filing a claim

You can sue online for any issues relating 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 suing video to comprehend what to expect when submitting an employment standards claim

If you have actually currently begun a claim

If you have already begun or sued 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 actually previously registered for the claimant portal using a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account utilizing the very same email address that was used when you registered in the claimant portal. If you do not use the very same e-mail address, employment you will not have the ability to see any of your formerly submitted claims. If you require help, please call the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for an overview of the portal features, including how to sign-up and utilize the website.

Internet internet browser requirements

To sue online utilizing e-claim or to access the claimant portal you need to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can also file an ESA or employment EPFNA claim utilizing 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 claims

Most staff members operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some employees who are covered by the ESA have special rules and/or exemptions that might use to them.

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

Examples of ESA infractions consist of:

– Failure to pay a worker the correct rate of pay and/or public vacation pay, getaway pay or other earnings they are entitled to under the ESA.

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

– Not providing a staff member with wage declarations or other needed files.

To find out more, 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 work environments. The guidelines under the ESA are minimum requirements. You may have greater rights under:

– an employment agreement

– collective arrangement

– the typical law

– other legislation

If you have concerns about your entitlements, you might want to call a lawyer.

Time frame for filing an ESA claim

There are time frame that use to filing an ESA claim. Generally, you need to sue within 2 years of the supposed ESA offense. If you sue within the two-year limitation an employment requirements officer will investigate the claim.

Similarly, if your employer owes you salaries, the incomes should have been owed to you in the 2 years before your claim was submitted for 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 a recruiter has actually violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign temporary staff member program. For instance, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA infractions include:

– a you any fees

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

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

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

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

Time frame for submitting an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can usually release an order for money 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 declares

The Protecting Child Performers Act (PCPA) provides certain work environment protections to kid performers who are under 18 years of age working in the live and employment recorded home entertainment industries.

It consists of minimum rights with respect to hours of work, breaks and payment of travel expenditures.

The PCPA uses to:

– kid performers.

– their parents.

– their guardians.

– companies.

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

Find out more about the rights of child entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace securities have not been offered to a child entertainer in Ontario. Suing is totally free.

To file a claim, you must be either:

– a child entertainer under 18 years of age.

– the parent or guardian of a kid performer under 18 years of age.

The child entertainer must not be covered by a collective contract.

To submit a claim:

Download the claim kind from the kinds repository and save it to your computer.

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

2. Fill out the type with all the needed information.

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

Please only submit your claim as soon as.

After you sue:

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

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

Time frame to filing a PCPA claim

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

When a claim can not be filed

Generally, a claim can not be filed if:

– you have taken court action versus your employer for the exact 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 2 weeks after it is submitted.

This claim type is not meant for you if:

– you work in an industry that falls under federal jurisdiction.

– you want to submit a grievance about occupational health and wellness.

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

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

What to expect after you sue

Claims are examined in the order that they are gotten. The amount of time it considers a claim to be assigned varies, depending on a number of aspects, including the amount of inbound claims. Anyone who sends a work requirements declare gets a confirmation and is assigned a claim number. You will be called by the ministry once the claim has actually been appointed for examination.

The claims investigation 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 dealt with by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO completes the examination, provides a written decision and takes enforcement action if necessary.

To avoid hold-ups with processing your claim, please make sure all info is appropriate and supporting files are submitted. If you are sending a complaint, you should sign up for the claimant portal so you can visit to see where your grievance is in the procedure.