Suing
In Ontario, you may sue 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 breached.
If you've lost your job, please go to Employment Ontario to find out how they can assist you get training, develop skills or find a new job.
Filing a claim
You can submit a claim online for any concerns connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can also submit a claim online for issues associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the submitting a claim video to comprehend what to anticipate when filing a work requirements declare
If you have already started a claim
If you have actually currently begun or sued through the claimant website, you can:
- sign 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 formerly registered for the claimant website using a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account using the same email address that was utilized when you enrolled in the claimant portal. If you do not utilize the same e-mail address, you will not have the ability to see any of your formerly sent claims. If you need assistance, please get in touch with the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for an overview of the portal features, consisting of how to sign-up and use the portal.
Internet internet browser requirements
To submit a claim online utilizing e-claim or to access the claimant portal you need to use:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other web browsers might work, but they are not supported by the e-claim or claimant website.
PDF claim types
You can also file an ESA or EPFNA claim using 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 working in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some staff members who are covered by the ESA have unique rules and/or exemptions that may apply to them.
A claim might be made when you think your company has actually broken your rights under the ESA.
Examples of ESA infractions include:
- Failure to pay a worker the correct rate of pay and/or public vacation pay, vacation pay or other earnings they are entitled to under the ESA.
- Not supplying a worker with time off for an entitled leave of lack under the ESA or punishing an employee for taking such a leave.
- Not providing a staff member with wage statements or other required files.
To find out more, see Your Guide to the Employment Standards Act or the Guide to unique guidelines 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 agreement
- the common law
- other legislation
If you have concerns about your entitlements, you may want to get in touch with a legal representative.
Time frame for filing an ESA claim
There are time limitations that apply to filing an ESA claim. Generally, you must submit a claim within 2 years of the supposed ESA offense. If you submit a claim within the two-year limitation an employment requirements officer will examine the claim.
Similarly, if your employer owes you wages, the earnings need to have been owed to you in the two years before your claim was submitted for the salaries to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim may be made when you think your employer or an employer has breached your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are looking for work in Ontario through a migration or foreign short-lived employee 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 use to you.
Examples of EPFNA violations include:
- a recruiter charging you any costs
- a company charging you for working with expenses (with restricted exceptions).
- an employer or company holding onto your home (such as a passport).
- a recruiter or company punishing you for asking about or exercising your EPFNA rights.
Foreign nationals used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all incomes owed, you may be able to file a claim under the ESA.
Time limits for filing an EPFNA claim
Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment requirements can usually issue 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.
Discover more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) supplies certain workplace securities to child entertainers who are under 18 years of age working in the live and recorded home entertainment markets.
It consists of minimum rights with regard 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 wellness 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 file a PCPA claim if you believe workplace securities have not been offered to a kid entertainer in Ontario. Filing a claim is totally free.
To sue, you must be either:
- a child performer under 18 years of age.
- the parent or guardian of a kid entertainer under 18 years of age.
The child performer need to not be covered by a cumulative arrangement.
To sue:
Download the claim form from the forms repository and wait to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader totally free).
2. Complete the type with all the needed info.
3. Select the "send by e-mail" button within the type to send your claim.
Please just file your claim when.
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 rapidly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim should be submitted within 2 years of the supposed PCPA violation.
When a claim can not be submitted
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 employment decide to pursue your rights through the courts, you should withdraw your submitted claim within 2 weeks after it is filed.
This claim type is not intended for you if:
- you work in an industry that falls under federal jurisdiction.
- you want to file a problem about occupational health and safety.
- you wish to file a human rights complaint under the Human Rights Code.
- you desire to sue 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 takes for a claim to be appointed varies, depending upon a number of elements, consisting of the amount of incoming claims. Anyone who submits an employment requirements declare receives a confirmation and is assigned a claim number. You will be contacted by the ministry once the claim has actually been designated for examination.
The claims examination process can take several months. In many cases, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not dealt with by the ERO, the claim will then be appointed to an employment requirements officer (ESO). The ESO finishes the investigation, offers a written choice and takes enforcement action if needed.
To prevent hold-ups with processing your claim, employment please make sure all information is right and supporting files are submitted. If you are sending a grievance, you should sign up for the claimant portal so you can log in to see where your complaint is in the process.