Suing
In Ontario, you might file a claim 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 broken.
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 sue online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can also file a claim online for problems connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to comprehend what to anticipate when filing an employment standards declare
If you have currently started a claim
If you have currently begun or sued through the claimant website, you can:
- sign in to continue your claim
- check the status of your claim
- upload files to your claim.
Creating a My Ontario account
If you have actually previously signed up for the claimant website using a ONe-Key account, please select the sign-in/ create account button and develop a My Ontario account using the exact same email address that was used when you registered in the claimant portal. If you do not use the exact same email address, you will not be able to see any of your formerly submitted claims. If you require assistance, please get in touch with the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for an introduction of the portal functions, consisting of how to sign-up and utilize the website.
Internet browser requirements
To submit a claim online using e-claim or to access the claimant website you should utilize:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other web browsers may work, but 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 staff members working 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 rules and/or exemptions that might use to them.
A claim may be made when you think your company has breached your rights under the ESA.
Examples of ESA infractions consist of:
- Failure to pay an employee the proper rate of pay and/or public holiday pay, employment vacation pay or other wages they are entitled to under the ESA.
- Not providing an employee with time off for an entitled leave of lack under the ESA or penalizing an employee for taking such a leave.
- Not offering an employee with wage declarations or other needed files.
For more details, check out Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.
The ESA is not the only law that applies to Ontario work environments. The rules under the ESA are minimum requirements. You might have greater rights under:
- an employment agreement
- cumulative agreement
- the common law
- other legislation
If you have concerns about your entitlements, you may want to contact an attorney.
Time frame for submitting an ESA claim
There are time limits that use to filing an ESA claim. Generally, you must 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 company owes you salaries, the salaries must have been owed to you in the 2 years before your claim was declared the wages to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim might be made when you think your company or an employer has actually violated your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign temporary employee program. For example, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, or employment the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.
Examples of EPFNA violations include:
- an employer charging you any charges
- a company charging you for employing costs (with limited exceptions).
- an employer or company holding onto your residential or commercial property (such as a passport).
- an employer or employer punishing you for inquiring 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 salaries owed, you might be able to file 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 normally provide 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.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) supplies particular work environment protections to child performers who are under 18 years of age working in the live and taped entertainment markets.
It consists of minimum rights with respect to hours of work, breaks and payment of travel expenses.
The PCPA applies to:
- child entertainers.
- their parents.
- their guardians.
- companies.
Sections are enforced by the Health and Safety Program or the Employment Standards Program.
Discover 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 think workplace securities have actually not been offered to a child entertainer in Ontario. Filing a claim is complimentary.
To sue, you need to be either:
- a child entertainer under 18 years of age.
- the parent or guardian of a kid entertainer under 18 years of age.
The child performer should not be covered by a collective arrangement.
To submit a claim:
Download the claim form from the kinds repository and wait to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the type with all the required details.
3. Select the "submit by email" button within the kind to submit your claim.
Please just file your claim once.
After you sue:
- You will get an e-mail confirmation that includes your claim number.
Ministry of Labour, employment Immigration, Training and Skills Development personnel will examine 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 against 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 meant for you if:
- you work in a market that falls under federal jurisdiction.
- you desire to file a grievance about occupational health and safety.
- you wish to submit 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 sue
Claims are examined in the order that they are received. The quantity of time it considers a claim to be assigned varies, depending on numerous aspects, consisting of the quantity of inbound claims. Anyone who sends a work standards claim receives a verification and is assigned a claim number. You will be called by the ministry once the claim has been assigned for examination.
The claims investigation process can take numerous months. Most of the times, a claim is assigned to an early resolution officer (ERO) for preliminary examination. If the claim is not dealt with by the ERO, the claim will then be assigned to an employment requirements officer (ESO). The ESO finishes the investigation, offers a written decision and takes enforcement action if necessary.
To avoid delays with processing your claim, please make sure all info is appropriate and supporting files are filed. If you are submitting a problem, you must sign up for the claimant portal so you can log in to see where your complaint remains in the procedure.