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 broken.

If you've lost your job, please go to Employment Ontario to learn how they can help you get training, construct abilities or find a new job.

Suing

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

File a claim

You can likewise sue online for problems relating to 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 started a claim

If you have actually currently started or employment sued through the claimant website, you can:

- sign in to continue your claim
- inspect the status of your claim
- upload documents to your claim.
Creating a My Ontario account

If you have actually previously signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and produce a My Ontario account using the very same e-mail address that was used when you enrolled in the claimant website. If you do not use the very same e-mail address, you will not have the ability to see any of your previously sent claims. If you require support, please contact the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an overview of the portal functions, including how to sign-up and use the website.

Internet web browser requirements

To sue online using e-claim or to access the claimant website you should utilize:

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

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 workers working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some staff members who are covered by the ESA have special rules and/or exemptions that might apply to them.

A claim might be made when you believe your employer has actually violated your rights under the ESA.

Examples of ESA infractions consist of:

- Failure to pay an employee the correct rate of pay and/or public vacation pay, vacation pay or other wages they are entitled to under the ESA.
- Not providing a staff member with time off for an entitled leave of lack under the ESA or penalizing an employee for taking such a leave.
- Not providing a worker with wage statements or other needed files.
To find out more, go to Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

The ESA is not the only law that uses to Ontario work environments. The rules under the ESA are minimum requirements. You may have higher rights under:

- an employment agreement
- cumulative arrangement
- the typical law
- other legislation
If you have questions about your privileges, you might wish to call a legal representative.

Time limitations for filing an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you need to file a claim within 2 years of the alleged ESA violation. If you file a claim within the two-year limitation a work requirements officer will examine the claim.

Similarly, if your employer owes you salaries, the incomes need to 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 Foreign Nationals Act declares

A claim might be made when you believe your employer 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 momentary 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 use to you.

Examples of EPFNA violations consist of:

- an employer charging you any costs
- a company charging you for working with costs (with limited exceptions).
- an employer or employer holding onto your property (such as a passport).
- a recruiter or employer penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals utilized in Ontario also have rights under the ESA. For instance, if you are not being paid all earnings owed, you may have the ability to submit a claim under the ESA.

Time limits for an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work standards officer can generally issue 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers particular workplace securities to child performers who are under 18 years of age working in the live and recorded show business.

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

The PCPA applies to:

- kid entertainers.
- 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 performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace securities have actually not been supplied to a child entertainer in Ontario. Suing is free.

To sue, you should be either:

- a child performer under 18 years of age.
- the parent or guardian of a kid performer under 18 years of age.
The kid performer must not be covered by a cumulative arrangement.

To sue:

Download the claim form from the kinds repository and wait to your computer.
1. Open the type with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the kind with all the needed details.
3. Select the "submit by e-mail" button within the type to submit your claim.
Please only submit your claim as soon as.

After you file a claim:

- You will get an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as rapidly as possible.
Time frame to submitting a PCPA claim

Generally, a PCPA claim need to be filed within 2 years of the alleged PCPA violation.

When a claim can not be filed

Generally, a claim can not be submitted if:

- you have 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 decide to pursue your rights through the courts, you must withdraw your submitted claim within two weeks after it is submitted.


This claim kind is not meant for you if:

- you operate in a market that falls under federal jurisdiction.
- you wish to submit a problem about occupational health and wellness.
- you wish to file a human rights grievance under the Human Rights Code.
- you wish to submit a claim 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 takes for a claim to be appointed differs, depending upon numerous aspects, consisting of the quantity of inbound claims. Anyone who sends an employment standards claim gets a verification and is appointed a claim number. You will be called by the ministry once the claim has actually been designated for examination.

The claims investigation process can take a number of months. In many cases, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not solved by the ERO, the claim will then be assigned to a work standards officer (ESO). The ESO finishes the investigation, provides a written choice and takes enforcement action if required.

To avoid hold-ups with processing your claim, please ensure all info is correct and supporting documents are submitted. If you are submitting a grievance, you ought to register for the claimant portal so you can log in to see where your complaint is in the process.