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About Us

Suing

In Ontario, you might sue with the Ministry of Labour, Immigration, Training and referall.us 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 broken.

If you’ve lost your task, please see Employment Ontario to find out how they can assist you get training, build abilities or discover a brand-new task.

Filing a claim

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

Sue

You can also sue online for problems associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to comprehend what to expect when filing a work requirements declare

If you have actually currently started a claim

If you have actually already begun or filed a claim through the claimant website, 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 signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account utilizing the exact same e-mail address that was used when you enrolled in the claimant website. If you do not use the exact same e-mail address, you will not be able to see any of your previously submitted claims. If you need assistance, please call the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other web browsers may work, 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 employees operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some employees who are covered by the ESA have unique guidelines and/or exemptions that may use to them.

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

Examples of ESA offenses consist of:

– Failure to pay an employee the appropriate rate of pay and/or public holiday pay, holiday pay or other salaries they are entitled to under the ESA.

– Not offering a worker with time off for an entitled leave of lack under the ESA or punishing a staff member for taking such a leave.

– Not offering a staff member with wage declarations or other needed files.

To find out more, see Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

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

– a work contract

– cumulative agreement

– the typical law

– other legislation

If you have concerns about your privileges, you might want to get in touch with an attorney.

Time frame for submitting an ESA claim

There are time frame that apply to submitting an ESA claim. Generally, you should sue within two years of the supposed ESA infraction. If you file a claim within the two-year limit a work standards officer will examine the claim.

Similarly, if your employer owes you salaries, the incomes need to have been owed to you in the 2 years before your claim was declared the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim may be made when you think your employer or an employer has 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 staff member program. For example, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.

Examples of EPFNA violations include:

– a recruiter charging you any costs

– a company charging you for hiring expenses (with minimal exceptions).

– an employer or employer holding onto your property (such as a passport).

– a recruiter or employer punishing you for asking about or exercising your EPFNA rights.

Foreign nationals used in Ontario also have rights under the ESA. For example, if you are not being paid all salaries owed, you might have the ability to file a claim under the ESA.

Time limitations 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 . Similarly, a work requirements officer can typically provide 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.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act declares

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

It consists of minimum rights with regard to hours of work, breaks and payment of travel costs.

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– companies.

Sections are implemented by the Health and Safety 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 file a PCPA claim if you believe workplace defenses have not been provided to a kid performer in Ontario. Filing a claim is totally free.

To sue, you should be either:

– a child performer under 18 years of age.

– the parent or guardian of a child entertainer under 18 years of age.

The kid performer need to not be covered by a collective arrangement.

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 free of charge).

2. Complete the type with all the required details.

3. Select the “send by e-mail” button within the kind to send your claim.

Please only file your claim once.

After you sue:

– You will get an e-mail verification that includes your claim number.

Ministry of Labour, Immigration, Training and Skills Development personnel will investigate your claim as quickly as possible.

Time frame to submitting a PCPA claim

Generally, a PCPA claim need to be submitted within 2 years of the alleged PCPA infraction.

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 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 should withdraw your sent claim within 2 weeks after it is filed.

This claim form is not meant for you if:

– you work in an industry that falls under federal jurisdiction.

– you wish to file a complaint about occupational health and safety.

– you wish to submit a human rights grievance under the Human Rights Code.

– you wish to sue with the Workplace Safety and Insurance Board (WSIB).

What to anticipate after you file a claim

Claims are investigated in the order that they are gotten. The quantity of time it considers a claim to be assigned varies, depending upon numerous aspects, consisting of the amount of inbound claims. Anyone who sends an employment requirements claim gets a verification and is designated a claim number. You will be contacted by the ministry once the claim has been assigned for examination.

The claims examination procedure can take a number of months. Most of the times, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not resolved by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO completes the examination, provides a written choice and takes enforcement action if required.

To avoid delays with processing your claim, please guarantee all info is proper and supporting documents are filed. If you are sending a problem, you ought to register for the claimant website so you can visit to see where your grievance is in the process.