Filing A Claim

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 violated.

If you have actually lost your task, please visit Employment Ontario to discover how they can help you get training, build skills or find a new job.

Suing

You can submit a claim online for any concerns 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 connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to anticipate when filing an employment standards claim

If you have already begun a claim

If you have currently started or submitted a claim through the claimant portal, you can:

– check in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ develop account button and produce a My Ontario account using the very same email address that was used when you registered in the claimant website. If you do not utilize the same email address, you will not be able to see any of your formerly submitted claims. If you need assistance, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet browser requirements

To sue online utilizing e-claim or to access the claimant portal you ought to utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can also file 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 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 special guidelines and/or exemptions that may use to them.

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

Examples of ESA offenses consist of:

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

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

– Not offering a worker with wage declarations or other required documents.

To find out more, 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 offices. The guidelines under the ESA are minimum requirements. You might have greater rights under:

– a work agreement

– collective arrangement

– the common law

– other legislation

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

Time limits for filing an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you must file a claim within two years of the supposed ESA violation. If you file a claim within the two-year limitation a work requirements officer will investigate the claim.

Similarly, employment if your company owes you wages, the salaries must have been owed to you in the two years before your claim was submitted for the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

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

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through a migration or foreign short-lived 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 infractions consist of:

– a recruiter charging you any fees

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

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

– a recruiter or employer punishing you for inquiring 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 salaries owed, you might have the ability to file a claim under the ESA.

Time frame for filing 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, a work requirements officer can generally issue 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.

more about your rights under the EPFNA.

Protecting Child Performers Act declares

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

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

The PCPA uses to:

– child entertainers.

– their moms and employment dads.

– their guardians.

– companies.

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

Discover more about the rights of kid performers under the PCPA and read 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 kid performer in Ontario. Suing is complimentary.

To file a claim, you need to be either:

– a child entertainer under 18 years of age.

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

The child performer should not be covered by a cumulative arrangement.

To file a claim:

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

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

2. Fill in the form with all the needed information.

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

Please just file your claim as soon as.

After you sue:

– You will receive an email confirmation that includes your claim number.

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

Time frame to submitting a PCPA claim

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

When a claim can not be submitted

Generally, a claim can not be submitted if:

– you have taken court action versus your company for employment the very same issue.Note: If you sue with the Ministry of Labour, employment Immigration, Training and Skills Development and decide to pursue your rights through the courts, you need to withdraw your sent claim within 2 weeks after it is submitted.

This claim kind is not intended for you if:

– you work in an industry that falls under federal jurisdiction.

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

– you want to submit a human rights grievance under the Human Rights Code.

– you want 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 gotten. The amount of time it considers a claim to be assigned varies, depending on several elements, including the quantity of inbound claims. Anyone who submits 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 examination.

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 initial investigation. If the claim is not resolved by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO completes the investigation, offers a written decision and takes enforcement action if needed.

To prevent delays with processing your claim, please make sure all information is right and supporting documents are submitted. If you are sending a complaint, you need to register for the claimant website so you can log in to see where your problem is in the process.