Suing

In Ontario, you might file 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 breached.

If you’ve lost your task, please see Employment Ontario to learn how they can help you get training, develop skills or discover a new job.

Filing a claim

You can sue online for any concerns relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

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

File a PCPA claim

Watch the suing video to understand what to expect when filing an employment standards claim

If you have actually currently begun a claim

If you have already started or filed a claim through the claimant website, employment 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 portal using a ONe-Key account, please choose the sign-in/ create account button and produce a My Ontario account utilizing the exact same email address that was used when you enrolled in the claimant website. If you do not utilize the same email address, you will not be able to see any of your formerly sent claims. If you need support, please contact the Employment Standards Information Centre.

Sign-in/ create account

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

Internet browser requirements

To sue online utilizing e-claim or to access the claimant website you need to 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 likewise file an ESA or employment EPFNA claim using 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 working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and employment some staff members who are covered by the ESA have special rules and/or exemptions that might use to them.

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

Examples of ESA violations include:

– Failure to pay an employee the correct rate of pay and/or public vacation pay, employment trip pay or other incomes they are entitled to under the ESA.

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

To find out more, check out Your Guide to the Employment Standards Act or the Guide to special rules and .

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

– an employment agreement

– collective arrangement

– the typical law

– other legislation

If you have concerns about your privileges, you may wish to contact a lawyer.

Time limits for submitting an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you should file a claim within 2 years of the alleged ESA offense. If you sue within the two-year limit a work requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign short-lived employee program. For instance, if you are working or trying to find operate 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 costs

– an employer charging you for working with expenses (with restricted exceptions).

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

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

Foreign nationals employed in Ontario likewise have rights under the ESA. For employment example, if you are not being paid all salaries owed, you may be able to submit a claim under the ESA.

Time limits for submitting an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, an employment 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) supplies certain work environment protections to kid entertainers who are under 18 years of age working in the live and documented home entertainment markets.

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

The PCPA applies to:

– child entertainers.

– their moms and dads.

– their guardians.

– employers.

Sections are imposed by the Health and wellness Program or employment the Employment Standards Program.

Learn more about the rights of kid entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have not been supplied to a child performer in Ontario. Suing is complimentary.

To submit a claim, you need to be either:

– a kid performer under 18 years of age.

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

The kid entertainer need to not be covered by a collective contract.

To sue:

Download the claim type from the forms repository and wait to your computer system.

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

2. Complete the kind with all the required details.

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

Please just submit your claim once.

After you submit 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 quickly 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 filed if:

– you have actually 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 decide to pursue your rights through the courts, you must withdraw your sent claim within 2 weeks after it is submitted.

This claim form is not intended for you if:

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

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

– you wish to file a human rights complaint under the Human Rights Code.

– you wish to file a claim with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are examined in the order that they are gotten. The amount of time it considers a claim to be assigned differs, depending upon numerous factors, consisting of the amount of inbound claims. Anyone who sends a work standards declare receives a confirmation and is appointed a claim number. You will be called by the ministry once the claim has actually been appointed for investigation.

The claims examination process can take a number of months. In many cases, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be appointed to a work requirements officer (ESO). The ESO completes the investigation, offers a written decision and takes enforcement action if required.

To avoid hold-ups with processing your claim, please ensure all details is proper and supporting documents are submitted. If you are sending a problem, you must sign up for the claimant portal so you can log in to see where your problem is in the process.