Suing

In Ontario, you may 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, referall.us please check out Employment Ontario to find out how they can assist you get training, build skills or discover a brand-new task.

Filing a claim

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

File a claim

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

File a PCPA claim

Watch the submitting a claim video to comprehend what to expect when filing an employment requirements declare

If you have actually already started a claim

If you have actually already begun or sued through the claimant website, you can:

– sign in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have formerly registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ develop account button and create a My Ontario account using the same email address that was utilized when you enrolled in the claimant portal. If you do not use the exact same email address, you will not be able to see any of your previously submitted claims. If you require support, 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 functions, consisting of how to sign-up and use the website.

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other browsers might work, however they are not supported by the e-claim or claimant portal.

PDF claim types

You can likewise submit an ESA or EPFNA claim utilizing the PDF claim type.

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 declares

Most workers 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 unique rules and/or exemptions that may apply to them.

A claim might be made when you think your employer has breached your rights under the ESA.

Examples of ESA violations include:

– Failure to pay a staff member the appropriate rate of pay and/or public vacation pay, trip pay or other salaries they are entitled to under the ESA.

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

– Not offering an employee with wage declarations or other required files.

To learn 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 applies to Ontario offices. The guidelines under the ESA are minimum requirements. You might have higher rights under:

– a work contract

– collective agreement

– the common law

– other legislation

If you have questions about your privileges, you may wish to get in touch with a legal representative.

Time limits for submitting an ESA claim

There are time limits that use to submitting an ESA claim. Generally, you must sue within two years of the alleged ESA violation. If you sue within the two-year limitation an employment standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through a migration or somalibidders.com foreign temporary staff member program. For example, 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 violations include:

– a recruiter charging you any fees

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

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

– an employer or company penalizing you for asking about or exercising your EPFNA rights.

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

Time limits for submitting 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, an employment requirements officer can usually issue 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 certain office securities to kid entertainers who are under 18 years of age working in the live and documented home entertainment industries.

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

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– employers.

Sections are enforced by the Health and Safety Program or the Employment Standards Program.

Find out 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 not been offered to a kid entertainer in Ontario. Suing is complimentary.

To sue, you must be either:

– a child entertainer under 18 years of age.

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

The kid performer must not be covered by a cumulative arrangement.

To sue:

Download the claim kind from the forms repository and save it to your computer.

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

2. Fill out the type with all the required information.

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

Please only file your claim once.

After you submit a claim:

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

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

Time frame to submitting a PCPA claim

Generally, a need to be submitted within two years of the alleged PCPA violation.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have taken court action against your employer for the exact same issue.Note: If you file 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 submitted claim within two weeks after it is submitted.

This claim form is not planned for you if:

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

– you want to submit a complaint about occupational health and safety.

– you wish to file a human rights problem 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 quantity of time it considers a claim to be appointed differs, depending upon a number of aspects, including the quantity of incoming claims. Anyone who sends a work standards claim receives a verification and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for examination.

The claims examination process can take several months. Most of the times, a claim is designated to an early resolution officer (ERO) for preliminary examination. If the claim is not solved by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO finishes the examination, offers a written decision and takes enforcement action if essential.

To prevent hold-ups with processing your claim, please ensure all info is proper and supporting files are submitted. If you are submitting a problem, you ought to sign up for the claimant website so you can log in to see where your grievance is in the process.