Suing
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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 violated.

If you have actually lost your job, please see Employment Ontario to learn how they can assist you get training, develop skills or find a brand-new job.

Filing a claim

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

Sue

You can likewise sue online for concerns 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 a work requirements declare

If you have actually already started a claim

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

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

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

Sign-in/ produce account

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

Internet browser requirements

To submit a claim online using e-claim or to access the claimant website you must use:

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other 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 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 breached your rights under the ESA.

Examples of ESA violations include:

- Failure to pay a worker the correct rate of pay and/or public vacation pay, vacation pay or other wages they are entitled to under the ESA.
- Not supplying 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 an employee with wage statements or other required documents.
For more details, visit Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.

The ESA is not the only law that uses to Ontario work environments. The guidelines under the ESA are minimum requirements. You might have greater rights under:

- an employment agreement
- collective arrangement
- the common law
- other legislation
If you have questions about your privileges, you may wish to contact an attorney.

Time frame for submitting an ESA claim

There are time limits that use to filing an ESA claim. Generally, you need to sue within 2 years of the alleged ESA violation. If you sue within the two-year limit a work standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through a migration or foreign short-lived employee program. For example, if you are working or looking 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 offenses consist of:

- a recruiter charging you any fees
- a company charging you for hiring costs (with restricted exceptions).
- an employer or company 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 instance, if you are not being paid all wages owed, you may be able to sue under the ESA.

Time limits for filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work requirements officer can typically release an order for cash 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 claims

The Protecting Child Performers Act (PCPA) provides specific workplace protections to kid performers 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:

- child performers.
- their parents.
- their guardians.
- employers.
Sections are imposed by the Health and wellness Program or the Employment Standards Program.

Learn more about the rights of child performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace defenses have not been provided to a kid performer in Ontario. Filing a claim is complimentary.

To sue, you should 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 entertainer should not be covered by a collective contract.

To file a claim:

Download the claim type from the kinds repository and wait to your computer system.
1. Open the form with Adobe Reader (download Adobe Reader for totally free).
2. Fill in the kind with all the needed details.
3. Select the "send by e-mail" button within the form to submit your claim.
Please just file 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 investigate your claim as quickly as possible.
Time frame to submitting a PCPA claim

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

When a claim can not be filed

Generally, a claim can not be filed if:

- you have taken court action against your company for the exact 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 submitted claim within 2 weeks after it is filed.


This claim kind is not planned for you if:

- you operate in an industry that falls under federal jurisdiction.
- you want to submit a complaint about occupational health and safety.
- you want to file a human rights under the Human Rights Code.
- you desire to sue with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you sue

Claims are examined in the order that they are gotten. The quantity of time it takes for a claim to be designated varies, depending on several aspects, employment consisting of the amount of incoming claims. Anyone who sends an employment requirements declare gets a verification and is designated a claim number. You will be gotten in touch with by the ministry once the claim has actually been appointed for examination.

The claims investigation process can take numerous months. In many cases, 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 assigned to a work standards officer (ESO). The ESO finishes the examination, offers a written choice and takes enforcement action if required.

To avoid delays with processing your claim, please make sure all details is appropriate and supporting files are submitted. If you are sending a complaint, you need to register for the claimant portal so you can visit to see where your grievance is in the process.