1 Suing

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In Ontario, you might 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've lost your task, please visit Employment Ontario to learn how they can assist you get training, develop skills or find a new task.

Suing

You can submit a claim online for any issues connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

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

File a PCPA claim

Watch the submitting a claim video to understand what to anticipate when submitting an employment standards claim

If you have already begun a claim

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

- check 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 previously registered for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ create account button and create a My Ontario account using the exact same e-mail address that was used when you enrolled 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 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 features, consisting of how to sign-up and use the portal.

Internet browser requirements

To file a claim online utilizing e-claim or to access the claimant portal you need to utilize:

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

PDF claim types

You can also 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 70 Foster Drive, Suite 410 Roberta Bondar Place Sault Ste. Marie, Ontario P6A 6V4


Employment Standards Act declares

Most employees operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that may apply to them.

A claim may be made when you believe your employer has broken your rights under the ESA.

Examples of ESA violations include:

- Failure to pay an employee the right rate of pay and/or employment public holiday pay, trip pay or other earnings they are entitled to under the ESA.
- Not offering a staff member with time off for an entitled leave of absence under the ESA or punishing an employee for taking such a leave.
- Not providing a worker with wage declarations or other required documents.
For more details, see 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 guidelines under the ESA are minimum requirements. You might have higher rights under:

- an employment agreement
- collective agreement
- the common law
- other legislation
If you have concerns about your entitlements, you might wish to contact a lawyer.

Time limits for filing an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you need to submit a claim within 2 years of the alleged ESA offense. If you file a claim within the two-year limit a work requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign momentary staff member program. For instance, if you are working or searching for 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 infractions consist of:

- an employer charging you any costs
- a company charging you for hiring costs (with restricted exceptions).
- an employer or company holding onto your home (such as a passport).
- a recruiter or company 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 incomes owed, you may have the ability to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment 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 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 defenses to child entertainers who are under 18 years of age working in the live and recorded home entertainment markets.

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.
- employers.
Sections are imposed by the Health and Safety Program or the Employment Standards Program.

Find out more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace defenses have actually not been offered to a child performer in Ontario. Filing a claim is free.

To submit a claim, you should be either:

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

To submit a claim:

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

After you submit a claim:

- You will receive an email confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and employment Skills Development personnel will examine your claim as rapidly as possible.
Time frame to filing a PCPA claim

Generally, a PCPA claim should 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 actually taken court action against your company for the very same issue.Note: If you file a claim 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 two weeks after it is submitted.


This claim form is not intended for you if:

- you operate in an industry that falls under federal jurisdiction.
- you wish to file a complaint about occupational health and security.
- you wish to submit a human rights problem under the Human Rights Code.
- you want 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 appointed varies, depending upon a number of elements, including the amount of incoming claims. Anyone who sends a work standards claim receives a confirmation and is assigned a claim number. You will be called by the ministry once the claim has actually been appointed for investigation.

The claims investigation process can take several months. In most cases, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not resolved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO completes the examination, supplies a composed decision and takes enforcement action if essential.

To avoid delays with processing your claim, please ensure all information is proper and supporting files are submitted. If you are sending a grievance, you should sign up for the claimant portal so you can log in to see where your problem remains in the procedure.