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 have actually lost your job, please go to Employment Ontario to discover how they can help you get training, build abilities or find a brand-new job.
Suing
You can submit a claim online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can likewise file a claim online for issues relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the submitting a claim video to comprehend what to anticipate when filing an employment standards declare
If you have currently begun a claim
If you have actually currently begun or sued through the claimant website, you can:
- sign in to continue your claim
- check the status of your claim
- upload documents to your claim.
Creating a My Ontario account
If you have actually formerly registered for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ produce account button and produce a My Ontario account using the very same email address that was used when you registered 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 support, please get in touch with the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for a summary of the portal functions, including how to sign-up and utilize the portal.
Internet web browser requirements
To file a claim online using e-claim or to access the claimant website you need to use:
- 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 likewise submit 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 staff members 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 might apply to them.
A claim might be made when you think your company has breached your rights under the ESA.
Examples of ESA offenses consist of:
- Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, holiday pay or other incomes they are entitled to under the ESA.
- Not supplying an employee with time off for an entitled leave of lack under the ESA or penalizing a worker for taking such a leave.
- Not supplying an employee with wage statements or other needed files.
For more information, go to Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.
The ESA is not the only law that applies to Ontario workplaces. The guidelines under the ESA are minimum requirements. You might have greater rights under:
- an employment agreement
- collective contract
- the typical law
- other legislation
If you have questions about your privileges, you may want to get in touch with a lawyer.
Time limitations for filing an ESA claim
There are time limits that apply to filing an ESA claim. Generally, you must file a claim within 2 years of the alleged ESA offense. If you file a claim within the two-year limit a work standards officer will examine the claim.
Similarly, if your company owes you salaries, the incomes must have been owed to you in the two years before your claim was filed for the salaries to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim may be made when you think your employer or an employer has actually broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are looking for work in Ontario through a migration or foreign temporary staff member 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, the EPFNA would likely apply to you.
Examples of EPFNA offenses consist of:
- an employer charging you any charges
- an employer charging you for employing expenses (with restricted exceptions).
- a recruiter or company holding onto your property (such as a passport).
- an employer or company penalizing 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 wages owed, you may be able to sue under the ESA.
Time limits for submitting an EPFNA claim
Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can typically release an order for cash 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 Act (PCPA) provides particular work environment securities to kid entertainers who are under 18 years of age working in the live and documented show business.
It consists of minimum rights with regard to hours of work, breaks and payment of travel expenses.
The PCPA uses to:
- kid performers.
- their parents.
- their guardians.
- companies.
Sections are enforced by the Health and Safety Program or the Employment Standards Program.
Find out more about the rights of child performers under the PCPA and read the Child Performers Guideline.
Filing a PCPA claim
You can file 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 should be either:
- a child entertainer under 18 years of age.
- the moms and dad or employment guardian of a child performer under 18 years of age.
The kid performer need to not be covered by a cumulative contract.
To sue:
Download the claim type from the kinds repository and conserve it to your computer.
1. Open the type with Adobe Reader (download Adobe Reader for complimentary).
2. Fill in the type with all the needed information.
3. Select the "send by e-mail" button within the form to submit your claim.
Please only file your claim as soon as.
After you sue:
- You will receive an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as rapidly as possible.
Time restricts to submitting a PCPA claim
Generally, a PCPA claim should 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 actually taken court action versus your company for the same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is filed.
This claim type is not planned for you if:
- you work in a market that falls under federal jurisdiction.
- you want to file a complaint about occupational health and wellness.
- you wish to file a human rights problem under the Human Rights Code.
- you desire to sue 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 gotten. The quantity of time it considers a claim to be appointed varies, depending on a number of aspects, including the quantity of incoming claims. Anyone who submits an employment requirements declare receives a confirmation and employment is appointed 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 a number of months. In a lot of cases, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, the claim will then be appointed to an employment requirements officer (ESO). The ESO finishes the examination, offers a written choice and takes enforcement action if required.
To prevent delays with processing your claim, please ensure all details is right and supporting files are filed. If you are sending a grievance, you ought to register for the claimant portal so you can visit to see where your complaint remains in the procedure.