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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 breached.

If you've lost your task, please check out Employment Ontario to discover how they can help you get training, construct skills or find a brand-new job.

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 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 anticipate when submitting an employment standards claim

If you have actually already started a claim

If you have actually currently begun or filed a claim through the claimant portal, you can:

- check in to continue your claim
- check the status of your claim
- upload files to your claim.
Creating a My Ontario account

If you have previously registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account utilizing the very same e-mail address that was utilized when you registered in the claimant website. If you do not utilize the same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you require assistance, please call the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet browser requirements

To sue online utilizing e-claim or to access the claimant website you should use:

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

PDF claim kinds

You can also submit 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 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 guidelines and/or exemptions that might use to them.

A claim may be made when you think your company 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, holiday pay or other earnings they are entitled to under the ESA.
- Not providing a staff member with time off for an entitled leave of absence under the ESA or penalizing a staff member for taking such a leave.
- Not offering a worker with wage declarations or other needed documents.
For additional information, 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 applies to Ontario workplaces. The guidelines under the ESA are minimum requirements. You may have higher rights under:

- a work contract
- collective agreement
- the typical law
- other legislation
If you have concerns about your entitlements, you may 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 should submit a claim within two years of the alleged ESA infraction. If you submit a claim within the two-year limit a work standards officer will investigate the claim.

Similarly, if your employer owes you earnings, the earnings should have been owed to you in the two years before your claim was applied for the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim may be made when you think your company or an employer has actually violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or employment foreign momentary worker program. For example, if you are working or searching for work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely use to you.

Examples of EPFNA offenses consist of:

- a recruiter charging you any charges
- a company charging you for working with costs (with restricted exceptions).
- a recruiter or employer holding onto your residential or commercial property (such as a passport).
- an employer or company punishing you for inquiring about or exercising your EPFNA rights.
Foreign nationals employed in Ontario likewise have rights under the ESA. For example, if you are not being paid all wages owed, you may be able to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work standards officer can generally release 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers particular office securities to kid entertainers who are under 18 years of age working in the live and documented home entertainment industries.

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

The PCPA uses to:

- child entertainers.
- their parents.
- their guardians.
- companies.
Sections are implemented by the Health and Safety Program or the Employment Standards Program.

Find out more about the rights of child 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 securities have actually not been offered to a child entertainer in Ontario. Filing a claim is totally free.

To sue, you need to be either:

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

To sue:

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 totally free).
2. Complete the form with all the required information.
3. Select the "send by email" button within the kind to send your claim.
Please just file your claim when.

After you file a claim:

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

Generally, a PCPA claim should be filed within 2 years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be submitted if:

- you have taken court action versus your company 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 sent claim within 2 weeks after it is submitted.

This claim kind is not intended for you if:

- you work in a market that falls under federal jurisdiction.
- you wish to submit a grievance about occupational health and safety.
- 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 amount of time it considers a claim to be assigned varies, depending on a number of factors, consisting of the amount of inbound claims. Anyone who sends an employment standards declare gets a verification and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been appointed for investigation.

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

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