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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 referall.us Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being violated.
If you’ve lost your job, please visit Employment Ontario to learn how they can assist you get training, build abilities or find a brand-new job.
Suing
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 also sue online for concerns relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to comprehend what to expect when filing an employment standards claim
If you have actually currently started a claim
If you have currently started or sued through the claimant portal, 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 previously registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ create account button and create a My Ontario account using the exact same email address that was used when you enrolled in the claimant portal. If you do not utilize the exact same e-mail address, you will not be able to see any of your formerly sent claims. If you need assistance, please get in touch with the Employment Standards Information Centre.
Sign-in/ develop account
Watch the claimant portal video for a summary of the portal functions, including how to sign-up and use the website.
Internet internet browser requirements
To file a claim online utilizing e-claim or to access the claimant portal you must utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other browsers might work, however they are not supported by the e-claim or claimant website.
PDF claim forms
You can also file 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 staff members working 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 may apply to them.
A claim may be made when you think 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 holiday pay, holiday 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 a staff member for taking such a leave.
– Not offering an employee with wage declarations or other required files.
For more details, visit 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 offices. The guidelines under the ESA are minimum requirements. You might have higher rights under:
– an employment contract
– collective contract
– the typical law
– other legislation
If you have questions about your entitlements, you might wish to get in touch with a legal representative.
Time frame for submitting an ESA claim
There are time frame that apply to filing an ESA claim. Generally, you must sue within 2 years of the supposed ESA violation. If you submit a claim within the two-year limitation a work requirements officer will examine the claim.
Similarly, if your employer owes you earnings, the earnings need to have been owed to you in the two years before your claim was declared the wages to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim may be made when you think your company or an employer has breached your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through a migration or foreign temporary employee program. For example, if you are working or looking for work 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 infractions consist of:
– an employer charging you any fees
– a company charging you for hiring costs (with limited exceptions).
– a recruiter or employer holding onto your 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 might be able to file a claim under the ESA.
Time limits for filing an EPFNA claim
Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment standards officer can usually issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.
Learn more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) provides specific office protections to child entertainers who are under 18 years of age working in the live and documented show business.
It includes minimum rights with respect to hours of work, breaks and payment of travel costs.
The PCPA uses to:
– child entertainers.
– their moms and dads.
– their guardians.
– companies.
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 read the Child Performers Guideline.
Filing a PCPA claim
You can submit a PCPA claim if you think workplace securities have not been supplied to a child entertainer in Ontario. Filing a claim is totally free.
To sue, you need to 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 entertainer should not be covered by a cumulative contract.
To file a claim:
Download the claim form from the kinds repository and wait to your computer system.
1. Open the form with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the kind with all the needed details.
3. Select the “send by e-mail” button within the kind to submit your claim.
Please only file 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 investigate your claim as quickly as possible.
Time limits to submitting a PCPA claim
Generally, a PCPA claim need to be submitted within 2 years of the alleged PCPA offense.
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 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 submitted.
This claim type is not planned for you if:
– you operate in an industry that falls under federal jurisdiction.
– you wish to file a complaint about occupational health and safety.
– you desire to submit a human rights grievance under the Human Rights Code.
– you desire 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 assigned differs, depending upon a number of factors, including the amount of inbound claims. Anyone who sends a work standards declare receives a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for investigation.
The claims examination process can take numerous months. In most cases, a claim is designated 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 a work requirements officer (ESO). The ESO finishes the investigation, provides a written decision and takes enforcement action if required.
To prevent hold-ups with processing your claim, please guarantee all info is proper and supporting files are submitted. If you are submitting a problem, you need to register for the claimant portal so you can visit to see where your grievance is in the procedure.