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 broken.
If you have actually lost your job, please go to Employment Ontario to find out how they can help you get training, develop abilities or find a 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 also sue online for issues associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the filing a claim video to comprehend what to anticipate when submitting a work standards claim
If you have actually currently started a claim
If you have currently begun or sued through the claimant website, you can:
- sign in to continue your claim
- examine the status of your claim
- upload files to your claim.
Creating a My Ontario account
If you have actually formerly signed up for the claimant portal utilizing a ONe-Key account, please select the sign-in/ develop account button and create a My Ontario account utilizing the very same email address that was used when you registered in the claimant website. If you do not utilize the same email address, you will not have the ability to see any of your formerly submitted claims. If you require assistance, please contact the Employment Standards Information Centre.
Sign-in/ develop account
Watch the claimant portal video for an overview of the portal functions, consisting of how to sign-up and utilize the portal.
Internet internet browser requirements
To sue online utilizing e-claim or to access the claimant website you ought to utilize:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other internet browsers may work, but they are not supported by the e-claim or claimant portal.
PDF claim forms
You can also 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 claims
Most employees operating 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 rules and/or exemptions that might use to them.
A claim might be made when you think your employer has breached your rights under the ESA.
Examples of ESA violations consist of:
- Failure to pay a worker the right rate of pay and/or public holiday pay, getaway pay or other salaries they are entitled to under the ESA.
- Not supplying a worker with time off for an entitled leave of absence under the ESA or penalizing an employee for taking such a leave.
- Not offering a worker with wage statements or other needed files.
To learn more, 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 offices. The rules under the ESA are minimum requirements. You may have greater rights under:
- an employment contract
- cumulative contract
- the typical law
- other legislation
If you have concerns about your privileges, you may want to call an attorney.
Time frame for filing an ESA claim
There are time frame that apply to submitting an ESA claim. Generally, you need to sue within two years of the alleged ESA offense. If you file a claim within the two-year limit a work standards officer will investigate the claim.
Similarly, if your company owes you wages, the incomes need to have been owed to you in the 2 years before your claim was declared the earnings to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim may be made when you believe your company or an employer has actually broken your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are looking for work in Ontario through an immigration or foreign short-term staff member program. For example, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.
Examples of EPFNA infractions consist of:
- a recruiter charging you any charges
- an employer charging you for employment employing expenses (with limited exceptions).
- an employer or company holding onto your property (such as a passport).
- a recruiter or employer punishing you for asking about or exercising your EPFNA rights.
Foreign nationals used in Ontario also have rights under the ESA. For example, if you are not being paid all wages owed, you might have the ability to sue under the ESA.
Time frame for submitting an EPFNA claim
Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, an employment standards officer can typically provide an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) supplies specific office protections to child performers who are under 18 years of age working in the live and recorded home entertainment industries.
It includes minimum rights with respect to hours of work, breaks and payment of travel expenditures.
The PCPA uses to:
- kid entertainers.
- their parents.
- their guardians.
- employers.
Sections are imposed by the Health and wellness Program or the Employment Standards Program.
Discover more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.
Filing a PCPA claim
You can file a if you think workplace securities have not been provided to a kid performer in Ontario. Suing is free.
To submit a claim, you should be either:
- a kid performer under 18 years of age.
- the parent or guardian of a child entertainer under 18 years of age.
The kid performer need to not be covered by a cumulative arrangement.
To file a claim:
Download the claim type from the types 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 "submit by email" button within the form to send your claim.
Please only submit your claim once.
After you sue:
- You will get an e-mail verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will investigate your claim as quickly as possible.
Time restricts to filing a PCPA claim
Generally, a PCPA claim need to be submitted within two years of the alleged PCPA offense.
When a claim can not be filed
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 choose to pursue your rights through the courts, you need to withdraw your submitted claim within 2 weeks after it is filed.
This claim kind is not intended for you if:
- you work in a market that falls under federal jurisdiction.
- you wish to file a grievance about occupational health and security.
- you wish to file a human rights grievance under the Human Rights Code.
- you desire to sue with the Workplace Safety and Insurance Board (WSIB).
What to expect after you submit a claim
Claims are investigated in the order that they are gotten. The quantity of time it takes for a claim to be assigned differs, depending on several factors, consisting of the quantity of inbound claims. Anyone who sends a work requirements claim receives a confirmation and is designated a claim number. You will be called by the ministry once the claim has actually been designated for investigation.
The claims investigation process can take several months. In the majority of cases, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO finishes the examination, provides a composed decision and takes enforcement action if required.
To prevent hold-ups with processing your claim, please ensure all information is proper and supporting files are submitted. If you are submitting a grievance, you must sign up for the claimant website so you can log in to see where your problem is in the procedure.
1
Suing
Adolph Brinkman edited this page 4 months ago