About Us

Suing

In Ontario, you might submit a claim 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 job, please check out Employment Ontario to find out how they can assist you get training, build abilities or discover a new task.

Suing

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

File a claim

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

File a PCPA claim

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

If you have actually already started a claim

If you have actually currently started or submitted a claim through the claimant portal, you can:

– check in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have previously signed up for the claimant portal utilizing a ONe-Key account, please choose the sign-in/ produce account button and create a My Ontario account using the same email address that was utilized when you enrolled in the claimant website. If you do not utilize the exact same email address, you will not be able to see any of your formerly sent claims. If you need help, please contact the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet web browser requirements

To sue online utilizing e-claim or to access the claimant website you need to utilize:

– 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 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 operating in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some staff members who are covered by the ESA have special rules and/or exemptions that might use to them.

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

Examples of ESA offenses include:

– Failure to pay a staff member the right rate of pay and/or public holiday pay, getaway pay or other incomes 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 worker for taking such a leave.

– Not supplying a worker with wage statements or other required documents.

To find out more, visit Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

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

– an employment agreement

– cumulative contract

– the typical law

– other legislation

If you have concerns about your entitlements, you might want to get in touch with a legal representative.

Time frame for filing an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you should sue within two years of the alleged ESA offense. If you sue within the two-year limitation a work standards officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim might be made when you believe your company or an employer has actually breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through a migration or foreign short-lived worker program. For referall.us instance, 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 offenses include:

– a recruiter charging you any charges

– an employer charging you for hiring expenses (with limited exceptions).

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

– an employer or company punishing you for inquiring 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 incomes owed, you might be able to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work standards officer can typically issue an order for money 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 claims

The Protecting Child Performers Act (PCPA) offers specific work environment defenses to child performers who are under 18 years of age working in the live and documented show business.

It consists of minimum rights with respect to hours of work, breaks and payment of travel expenditures.

The PCPA applies to:

– child performers.

– their parents.

– their guardians.

– companies.

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

Learn 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 think workplace securities have actually not been offered to a child performer in Ontario. Filing a claim is .

To file a claim, you should be either:

– a child performer under 18 years of age.

– the moms and dad or guardian of a child entertainer under 18 years of age.

The child entertainer should not be covered by a collective contract.

To sue:

Download the claim form from the kinds repository and conserve it to your computer.

1. Open the kind with Adobe Reader (download Adobe Reader for complimentary).

2. Fill out the kind with all the required info.

3. Select the « send by e-mail » button within the form to send your claim.

Please only submit your claim once.

After you submit a claim:

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

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

Time frame to filing a PCPA claim

Generally, a PCPA claim should be submitted within two years of the alleged PCPA violation.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have taken court action against your employer for the 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 filed.

This claim kind is not intended for you if:

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

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

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

– you wish to submit 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 received. The amount of time it takes for a claim to be designated varies, depending upon numerous factors, including the amount of incoming claims. Anyone who submits an employment standards declare receives a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has actually been designated for investigation.

The claims examination procedure can take a number of months. In the majority of cases, a claim is assigned 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 requirements officer (ESO). The ESO finishes the investigation, provides a composed decision and takes enforcement action if necessary.

To avoid hold-ups with processing your claim, please guarantee all details is correct and supporting documents are filed. If you are sending a grievance, you should register for the claimant website so you can log in to see where your grievance is in the procedure.