Suing
kurtis07840825 laboja lapu pirms 4 mēnešiem


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 job, please go to Employment Ontario to discover how they can help you get training, construct abilities or discover a new task.

Filing a claim

You can file a claim online for any problems connecting 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 expect when filing an employment requirements claim

If you have actually already begun a claim

If you have actually already started or submitted a claim through the claimant website, you can:

- indication in to continue your claim
- check the status of your claim
- upload files to your claim.
Creating a My Ontario account

If you have actually formerly registered for the claimant website utilizing a ONe-Key account, please choose the sign-in/ develop account button and create a My Ontario account using the same e-mail address that was utilized when you enrolled in the claimant website. If you do not use the exact same e-mail address, you will not have the ability to see any of your previously sent claims. If you need help, 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 features, including how to sign-up and use the portal.

Internet web browser requirements

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

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

PDF claim types

You can likewise file 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 claims

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

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

Examples of ESA offenses consist of:

- Failure to pay an employee the correct rate of pay and/or public holiday pay, getaway pay or other salaries they are entitled to under the ESA.
- Not providing 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 supplying an employee with wage statements or other needed files.
For more details, visit Your Guide to the Employment Standards Act or the Guide to special rules and exemptions.

The ESA is not the only law that applies to Ontario work environments. The guidelines under the ESA are minimum requirements. You might have higher rights under:

- an employment agreement
- cumulative arrangement
- the common law
- other legislation
If you have concerns about your privileges, you might want to get in touch with a lawyer.

Time frame for submitting an ESA claim

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

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

Employment Protection for Foreign Nationals Act declares

A claim may be made when you think your employer or a recruiter has broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign momentary staff member 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 violations consist of:

- an employer charging you any fees
- a company charging you for working with costs (with restricted exceptions).
- an employer or employer holding onto your residential or commercial property (such as a passport).
- a recruiter or company punishing you for asking about or exercising your EPFNA rights.
Foreign nationals employed in Ontario also have rights under the ESA. For example, if you are not being paid all incomes owed, you might be able to file a claim under the ESA.

Time frame 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 usually release 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.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides particular work environment protections to kid performers who are under 18 years of age working in the live and documented entertainment industries.

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

The PCPA uses to:

- kid performers.
- their moms and dads.
- their guardians.
- companies.
Sections are imposed by the Health and wellness Program or the Employment Standards Program.

Discover more about the rights of child 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 actually not been supplied to a child entertainer in Ontario. Suing is complimentary.

To submit a claim, you must be either:

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

To submit a claim:

Download the claim form from the kinds repository and save it to your computer.
1. Open the type with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the kind with all the required info.
3. Select the “submit by e-mail” 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 e-mail confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as rapidly as possible.
Time limits to submitting a PCPA claim

Generally, a PCPA claim must be filed 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 actually taken court action against your employer for the same issue.Note: If you submit 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 2 weeks after it is submitted.


This claim type is not meant for you if:

- you work in an industry that falls under federal jurisdiction.
- you wish to submit a complaint about occupational health and safety.
- you want to submit a human rights problem under the Human Rights Code.
- you wish to sue with the Workplace Safety and Insurance Board (WSIB).
What to anticipate 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 differs, depending on several elements, consisting of the quantity of inbound claims. Anyone who submits an employment standards claim receives a confirmation and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for employment examination.

The claims investigation can take numerous months. In many cases, a claim is appointed to an early resolution officer (ERO) for preliminary examination. If the claim is not dealt with by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO completes the examination, employment offers a composed decision and takes enforcement action if essential.

To avoid hold-ups with processing your claim, please make sure all information is correct and supporting files are submitted. If you are submitting a complaint, employment you should sign up for the claimant portal so you can log in to see where your grievance remains in the process.