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Suing

In Ontario, you might sue 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 have actually lost your job, please go to Employment Ontario to find out how they can assist you get training, construct skills or find a brand-new job.

Suing

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 submit a claim online for employment problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to understand what to anticipate when filing an employment requirements declare

If you have actually currently begun a claim

If you have already started or sued through the claimant portal, 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 formerly registered for the claimant website using a ONe-Key account, please choose the sign-in/ create account button and create a My Ontario account utilizing the very same email address that was utilized when you enrolled in the claimant portal. 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, employment please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

Watch the claimant portal video for an introduction of the portal features, consisting of how to sign-up and utilize the portal.

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other web browsers may work, but they are not supported by the e-claim or claimant website.

PDF claim kinds

You can also file 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 employees are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that might apply to them.

A claim might be made when you think your company has violated your rights under the ESA.

Examples of ESA infractions include:

– Failure to pay an employee the appropriate rate of pay and/or public vacation pay, getaway pay or other salaries 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 a worker for taking such a leave.

– Not providing a worker with wage declarations or other required files.

For additional information, 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 . The rules under the ESA are minimum requirements. You may have greater rights under:

– a work agreement

– cumulative agreement

– the common law

– other legislation

If you have questions about your privileges, you might want to call an attorney.

Time frame for filing an ESA claim

There are time frame that apply to submitting an ESA claim. Generally, you need to file a claim within 2 years of the supposed ESA infraction. If you file a claim within the two-year limitation an employment requirements officer will examine the claim.

Similarly, if your employer owes you salaries, the wages should have been owed to you in the 2 years before your claim was filed for the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim may be made when you believe your company or a recruiter has violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through a migration or foreign momentary staff member 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 apply to you.

Examples of EPFNA infractions consist of:

– an employer charging you any costs

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

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

– a recruiter or company 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 earnings owed, employment you may have the ability to sue under the ESA.

Time limits for filing an EPFNA claim

Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work requirements officer can generally 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides particular workplace securities to kid entertainers who are under 18 years of age working in the live and taped show business.

It includes minimum rights with regard 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 employment the Employment Standards Program.

Learn more about the rights of kid performers 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 performer in Ontario. Suing is free.

To sue, you should be either:

– a kid performer under 18 years of age.

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

The kid entertainer should not be covered by a cumulative contract.

To file a claim:

Download the claim type from the types repository and conserve it to your computer.

1. Open the type with Adobe Reader (download Adobe Reader totally free).

2. Complete the form with all the required details.

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

Please just submit your claim once.

After you sue:

– You will get an email verification that includes your claim number.

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

Time frame to filing a PCPA claim

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

When a claim can not be filed

Generally, employment a claim can not be filed if:

– you have taken court action versus your employer for the very same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and employment decide to pursue your rights through the courts, you should withdraw your sent claim within two weeks after it is filed.

This claim kind is not planned for you if:

– you work in a market that falls under federal jurisdiction.

– you wish to submit a problem about occupational health and wellness.

– you desire 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 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 designated differs, depending upon several elements, including the amount of inbound claims. Anyone who sends a work standards claim receives a verification and is appointed a claim number. You will be contacted by the ministry once the claim has been designated for investigation.

The claims examination procedure can take numerous months. In a lot of cases, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not solved by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO finishes the investigation, supplies a written choice and takes enforcement action if required.

To avoid delays with processing your claim, please make sure all details is right and supporting documents are filed. If you are sending a complaint, you must sign up for the claimant website so you can log in to see where your complaint remains in the process.