1 Suing

Roland Carpenter edited this page 3 months ago

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've lost your task, please check out Employment Ontario to find out how they can help you get training, build skills or find a new job.

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 likewise sue online for problems connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to expect when filing an employment requirements declare

If you have actually currently started a claim

If you have currently started or submitted a claim through the claimant website, 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 formerly registered for the claimant website using a ONe-Key account, please choose the sign-in/ develop account button and develop a My Ontario account utilizing the very same e-mail address that was used when you enrolled in the claimant portal. If you do not use the same email address, you will not be able to see any of your previously sent claims. If you need help, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet web browser requirements

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

- Chrome
- Firefox
- Microsoft Edge
- Safari
Other web browsers might work, but they are not supported by the e-claim or claimant portal.

PDF claim forms

You can likewise submit an ESA or EPFNA claim using 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 declares

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

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

Examples of ESA violations consist of:

- Failure to pay an employee the appropriate rate of pay and/or public holiday pay, getaway pay or other wages they are entitled to under the ESA.
- Not providing a worker with time off for an entitled leave of absence under the ESA or punishing an employee for taking such a leave.
- Not providing a worker with wage declarations or employment other needed files.
For additional information, 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 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 entitlements, you may wish to call a lawyer.

Time frame for employment submitting an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you should submit a claim within 2 years of the supposed ESA . If you submit a claim within the two-year limit an employment standards officer will investigate the claim.

Similarly, if your company owes you salaries, the salaries must have been owed to you in the two 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 think your company or a recruiter has actually violated your rights under the EPFNA.

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

- a recruiter charging you any costs
- an employer charging you for working with expenses (with limited exceptions).
- a recruiter or company holding onto your home (such as a passport).
- an employer or employer penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals employed in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, you might be able to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, an employment requirements officer can usually provide 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 claims

The Protecting Child Performers Act (PCPA) supplies certain work environment protections to kid performers who are under 18 years of age working in the live and taped show business.

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

The PCPA applies to:

- child performers.
- their parents.
- their guardians.
- employers.
Sections are implemented 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 protections have not been provided to a kid performer in Ontario. Filing a claim is totally free.

To file a claim, you should be either:

- a child performer under 18 years of age.
- the moms and dad or guardian of a kid performer under 18 years of age.
The child entertainer must not be covered by a collective agreement.

To sue:

Download the claim type from the types repository and save it to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader for free).
2. Complete the kind with all the required information.
3. Select the "send by email" button within the kind to submit your claim.
Please only file your claim as soon as.

After you file a claim:

- You will receive an email verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as rapidly as possible.
Time restricts to submitting a PCPA claim

Generally, a PCPA claim should be filed within 2 years of the alleged PCPA violation.

When a claim can not be submitted

Generally, a claim can not be filed if:

- you have actually 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 choose to pursue your rights through the courts, you need to withdraw your submitted claim within 2 weeks after it is filed.


This claim form is not meant for you if:

- you work in a market that falls under federal jurisdiction.
- you wish to submit a grievance about occupational health and wellness.
- you desire to file a human rights grievance under the Human Rights Code.
- you want to file a claim with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you sue

Claims are investigated in the order that they are gotten. The amount of time it considers a claim to be designated varies, depending upon numerous elements, consisting of the quantity of incoming claims. Anyone who submits an employment standards declare receives a verification and is appointed a claim number. You will be contacted by the ministry once the claim has actually been appointed for investigation.

The claims investigation procedure can take numerous months. In many cases, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not solved by the ERO, the claim will then be appointed to an employment standards officer (ESO). The ESO completes the examination, offers a written choice and takes enforcement action if needed.

To prevent hold-ups with processing your claim, please make sure all details is right and supporting files are submitted. If you are sending a grievance, you should register for the claimant website so you can log in to see where your problem is in the process.