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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 broken.

If you’ve lost your job, please check out Employment Ontario to find out how they can assist you get training, develop skills or find a new job.

Filing a claim

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

Sue

You can likewise sue online for problems 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 declare

If you have actually currently started a claim

If you have already begun 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 signed up for the claimant portal using a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account utilizing the exact same e-mail address that was utilized when you registered in the claimant website. If you do not use the same e-mail address, you will not have the ability to see any of your previously submitted claims. If you need support, please call the Employment Standards Information Centre.

Sign-in/ create account

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

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

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 staff members 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 employer has breached your rights under the ESA.

Examples of ESA violations consist of:

– Failure to pay a worker the correct rate of pay and/or public vacation pay, holiday pay or other earnings they are entitled to under the ESA.

– Not providing an employee with time off for an entitled leave of absence under the ESA or punishing a staff member for taking such a leave.

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

To learn 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 applies to Ontario work environments. The rules under the ESA are minimum requirements. You may have greater rights under:

– an employment agreement

– collective contract

– the common law

– other legislation

If you have questions about your privileges, you might want to call a lawyer.

Time frame for filing an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you need to submit a claim within two years of the alleged ESA offense. If you submit a claim within the two-year limit a work requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim might be made when you believe your employer or a recruiter has actually breached 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 employee program. For instance, if you are working or searching 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 consist of:

– a recruiter charging you any charges

– a company charging you for working with costs (with minimal exceptions).

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

– an employer or employer punishing you for somalibidders.com inquiring about or exercising your EPFNA rights.

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

Time limitations for submitting an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, an employment standards officer can typically issue an order for cash owed to you under the EPFNA in the three-and-a-half-year duration 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) offers particular workplace securities to child entertainers who are under 18 years of age working in the live and documented show business.

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

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– companies.

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

Discover more about the rights of kid 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 not been provided to a kid entertainer in Ontario. Suing is totally free.

To sue, you should be either:

– a kid performer under 18 years of age.

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

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

To sue:

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

1. Open the kind with Adobe Reader (download Adobe Reader free of charge).

2. Fill in the form with all the needed .

3. Select the “send by email” button within the form to submit your claim.

Please just submit 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 rapidly as possible.

Time frame to submitting a PCPA claim

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

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 very 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 must withdraw your submitted claim within 2 weeks after it is filed.

This claim form is not planned for you if:

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

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

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

– you desire to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you file a claim

Claims are examined in the order that they are gotten. The amount of time it considers a claim to be appointed varies, depending on a number of factors, including the amount of incoming claims. Anyone who sends an employment standards declare receives a verification and is designated a claim number. You will be contacted by the ministry once the claim has been appointed for investigation.

The claims investigation process can take a number of months. For the most part, a claim is appointed to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO completes the investigation, offers a composed decision and takes enforcement action if required.

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