1 Suing

Adam Plumlee edited this page 2025-02-22 00:04:33 +07:00

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 violated.

If you have actually lost your job, please visit Employment Ontario to find out how they can help you get training, construct abilities or find a brand-new job.

Filing a claim

You can sue online for any issues associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can likewise file a claim online for issues connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to expect when filing an employment requirements claim

If you have currently started a claim

If you have already begun or sued through the claimant portal, you can:

- sign 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 utilizing a ONe-Key account, please choose the sign-in/ produce account button and develop 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 exact same email address, you will not be able to see any of your previously submitted claims. If you require help, 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 functions, including how to sign-up and utilize the portal.

Internet browser requirements

To sue online using e-claim or to access the claimant portal you should use:

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

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 employees 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 unique rules and/or exemptions that may use to them.

A claim may be made when you believe your company has violated your rights under the ESA.

Examples of ESA violations include:

- Failure to pay a worker the appropriate rate of pay and/or public holiday pay, getaway pay or other wages they are entitled to under the ESA.
- Not supplying an employee with time off for an entitled leave of lack under the ESA or punishing an employee for taking such a leave.
- Not providing an employee with wage declarations or other needed documents.
For more details, check out Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

The ESA is not the only law that applies to Ontario workplaces. The rules under the ESA are minimum requirements. You may have greater rights under:

- an employment agreement
- cumulative arrangement
- the typical law
- other legislation
If you have questions about your privileges, you may want to get in touch with a legal representative.

Time frame for filing an ESA claim

There are time frame that apply to submitting an ESA claim. Generally, you must sue within two years of the supposed ESA infraction. If you file a claim within the two-year limitation a work standards officer will examine 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 applied for the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim may be made when you think your company or a recruiter has actually violated 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 employee program. For instance, if you are working or trying to find operate 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 offenses consist of:

- a recruiter charging you any fees
- an employer charging you for employing expenses (with restricted exceptions).
- an employer or company holding onto your home (such as a passport).
- an employer or employer penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For example, if you are not being paid all owed, you may be able to submit a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work requirements officer can normally release an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you filed an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides particular workplace protections to child performers who are under 18 years of age working in the live and documented home entertainment markets.

It includes minimum rights with respect to hours of work, breaks and payment of travel costs.

The PCPA uses to:

- kid performers.
- their moms and dads.
- their guardians.
- employers.
Sections are imposed by the Health and Safety Program or the Employment Standards Program.

Discover more about the rights of kid entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have not been supplied to a kid performer in Ontario. Filing a claim is free.

To submit a claim, you must be either:

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

To file a claim:

Download the claim form from the kinds repository and conserve it to your computer system.
1. Open the type with Adobe Reader (download Adobe Reader for free).
2. Fill out the type with all the required info.
3. Select the "send by e-mail" button within the form to send your claim.
Please just submit 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 staff will examine your claim as quickly as possible.
Time restricts to submitting a PCPA claim

Generally, a PCPA claim must be filed within two years of the supposed PCPA violation.

When a claim can not be submitted

Generally, a claim can not be submitted if:

- you have taken court action versus your employer for the very same issue.Note: If you submit a claim with the Ministry of Labour, job Immigration, Training and Skills Development and choose to pursue your rights through the courts, you should withdraw your sent claim within 2 weeks after it is filed.


This claim form is not intended for you if:

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

Claims are investigated in the order that they are gotten. The quantity of time it considers a claim to be assigned varies, depending on a number of factors, consisting of the amount of incoming claims. Anyone who sends a work requirements claim receives a verification 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 procedure can take a number of months. Most of the times, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not resolved by the ERO, the claim will then be appointed to a work requirements officer (ESO). The ESO finishes the examination, provides a composed decision and takes enforcement action if needed.

To avoid delays with processing your claim, please ensure all details is correct and job supporting documents are filed. If you are sending a complaint, you ought to sign up for job the claimant portal so you can log in to see where your complaint remains in the process.