Overview

  • Founded Date July 6, 1929
  • Posted Jobs 0
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Company Description

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 violated.

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

Suing

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

Sue

You can likewise file a claim online for issues relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have currently begun a claim

If you have actually already started 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 previously registered for the claimant website utilizing a ONe-Key account, please choose the sign-in/ develop account button and develop a My Ontario account utilizing the very same email address that was utilized when you registered in the claimant website. If you do not utilize the exact same email 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 an introduction of the portal features, consisting of how to sign-up and utilize the portal.

Internet web browser requirements

To sue online utilizing e-claim or to access the claimant portal you must use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also 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, employment Ontario
P6A 6V4

Employment Standards Act claims

Most employees working 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 unique rules and/or exemptions that might use to them.

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

Examples of ESA offenses include:

– Failure to pay a worker the proper rate of pay and/or public vacation pay, employment getaway pay or other incomes they are entitled to under the ESA.

– Not providing a worker 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 declarations or other needed files.

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

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

– an employment contract

– cumulative contract

– the common law

– other legislation

If you have questions about your privileges, you might want to contact an attorney.

Time limitations for filing an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you should submit a claim within two years of the supposed ESA infraction. If you file a claim within the two-year limit an employment requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through an immigration or foreign short-term worker program. For instance, if you are working or looking for work 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 offenses include:

– an employer charging you any costs

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

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

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

Foreign nationals used in Ontario also have rights under the ESA. For instance, if you are not being paid all wages owed, you might be able to submit a claim under the ESA.

Time limitations for filing an EPFNA claim

Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work standards officer can usually 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) provides specific work environment defenses to kid performers who are under 18 years of age working in the live and recorded show business.

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

The PCPA applies to:

– child entertainers.

– their moms and dads.

– their guardians.

– employers.

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

Learn more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace defenses have not been supplied to a child performer in Ontario. Filing a claim is free.

To submit a claim, you need to be either:

– a kid entertainer under 18 years of age.

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

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

To sue:

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

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

2. Fill out the form with all the needed info.

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

Please only file your claim once.

After you sue:

– You will get an email confirmation 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 submitting a PCPA claim

Generally, a PCPA claim need to be filed within 2 years of the supposed PCPA infraction.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually taken court action versus your company for the same issue.Note: If you file a claim with the Ministry of Labour, Immigration, employment 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 kind is not planned for you if:

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

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

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

– you desire to submit a claim with the Workplace Safety and Insurance Board (WSIB).

What to anticipate after you file a claim

Claims are examined in the order that they are gotten. The amount of time it takes for a claim to be designated varies, depending on a number of elements, of the amount of inbound claims. Anyone who submits an employment requirements claim receives a verification and employment 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 process can take a number of months. In many cases, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not solved by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO completes the investigation, supplies a written choice 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 filed. If you are submitting a complaint, you should sign up for the claimant portal so you can log in to see where your grievance is in the process.