1 Suing
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In Ontario, you may submit a claim with the Ministry of Labour, Immigration, Training and Skills Development if you think 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 see Employment Ontario to discover how they can help you get training, develop abilities or discover a brand-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 likewise file 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 expect when submitting an employment requirements declare

If you have actually already begun a claim

If you have actually already started or submitted a claim through the claimant website, 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 actually previously registered for the claimant website using a ONe-Key account, please select the sign-in/ produce account button and create a My Ontario account using the same email address that was utilized when you registered in the claimant portal. If you do not use the same e-mail address, you will not be able to see any of your previously sent claims. If you need help, please call 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 portal.

Internet internet browser requirements

To submit a claim online using e-claim or to access the claimant website you should use:

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other web browsers might work, however they are not supported by the e-claim or claimant website.

PDF claim kinds

You can also file an ESA or EPFNA claim utilizing 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 staff members 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 unique guidelines and/or exemptions that may use to them.

A claim might be made when you think your company 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 vacation pay, getaway pay or other wages they are entitled to under the ESA.
- Not offering an employee with time off for an entitled leave of absence under the ESA or punishing a staff member for taking such a leave.
- Not providing an employee with wage statements or other required documents.
For more info, check out 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 might have greater rights under:

- an employment agreement
- cumulative arrangement
- the common law
- other legislation
If you have concerns about your privileges, you may wish to call a lawyer.

Time limits for filing an ESA claim

There are time limits that use to filing an ESA claim. Generally, you should submit a claim within two years of the alleged ESA violation. If you submit a claim within the two-year limit an employment requirements officer will examine the claim.

Similarly, if your company owes you wages, the wages should have been owed to you in the two years before your claim was declared the salaries to be recoverable under the ESA.

Employment Protection for employment Foreign Nationals Act declares

A claim might be made when you believe your employer or an employer has actually broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or foreign short-term employee program. For instance, if you are working or searching 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 charges
- an employer charging you for hiring costs (with restricted exceptions).
- an employer or company holding onto your home (such as a passport).
- an employer or company penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals employed in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, you may be able to sue under the ESA.

Time frame for submitting an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment requirements officer can normally release 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 claims

The Protecting Child Performers Act (PCPA) offers particular work environment protections to kid performers who are under 18 years of age working in the live and recorded entertainment markets.

It includes minimum rights with regard to hours of work, breaks and payment of travel expenses.

The PCPA applies to:

- child performers.
- their parents.
- 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 believe workplace protections have actually not been supplied to a child entertainer in Ontario. Filing a claim is free.

To sue, you should be either:

- a child entertainer under 18 years of age.
- the moms and dad or guardian of a kid performer under 18 years of age.
The kid entertainer must not be covered by a collective arrangement.

To submit a claim:

Download the claim type from the types repository and wait to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader totally free).
2. Fill in the form with all the needed info.
3. Select the "send by email" button within the form to submit your claim.
Please just file your claim as soon as.

After you submit a claim:

- You will receive an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time limits to filing a PCPA claim

Generally, a PCPA claim must be submitted within two 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 court action against your employer for the very same issue.Note: If you submit a claim with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, you need to withdraw your sent claim within 2 weeks after it is filed.


This claim kind is not meant for you if:

- you operate in an industry that falls under .
- you wish to file a problem about occupational health and wellness.
- you desire to file a human rights complaint under the Human Rights Code.
- you wish to sue with the Workplace Safety and Insurance Board (WSIB).
What to expect after you submit a claim

Claims are examined in the order that they are gotten. The amount of time it considers a claim to be assigned varies, depending upon several factors, consisting of the quantity of inbound claims. Anyone who submits a work requirements claim gets a verification and is designated a claim number. You will be contacted by the ministry once the claim has actually been designated for investigation.

The claims investigation process can take numerous months. Most of the times, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO finishes the investigation, offers a composed choice and takes enforcement action if needed.

To prevent hold-ups with processing your claim, please ensure all info is proper and supporting files are submitted. If you are sending a grievance, you need to sign up for the claimant website so you can log in to see where your complaint remains in the process.