Filing A Claim

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 task, please check out Employment Ontario to find out how they can help you get training, construct skills or find a brand-new job.

Suing

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

File a PCPA claim

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

If you have actually currently begun a claim

If you have already started or sued through the claimant website, you can:

– check 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 develop a My Ontario account utilizing the same e-mail address that was used when you registered in the claimant website. If you do not use the very same email address, you will not have the ability to see any of your formerly submitted claims. If you require support, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet web browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can likewise file an ESA or EPFNA claim utilizing 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 staff members 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 may apply to them.

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

Examples of ESA infractions consist of:

– Failure to pay a staff member the right rate of pay and/or public holiday pay, getaway pay or other wages they are entitled to under the ESA.

– Not offering 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 providing a staff member with wage statements or other required files.

To find out more, go to 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 workplaces. 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 get in touch with a legal representative.

Time frame for submitting an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you should submit a claim within two years of the alleged ESA violation. If you sue within the two-year limitation a work standards officer will investigate the claim.

Similarly, if your company owes you wages, the salaries need to have been owed to you in the two years before your claim was applied for the wages 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 operate in Ontario through an immigration or foreign temporary employee program. For example, if you are working or searching 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 consist of:

– an employer charging you any charges

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

– a recruiter or company 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 also have rights under the ESA. For example, if you are not being paid all wages owed, you may have the to submit a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA violation. Similarly, a work requirements officer can generally release an order for money owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

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

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

The PCPA uses to:

– kid performers.

– their parents.

– their guardians.

– employers.

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

Learn more about the rights of child entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you believe workplace defenses have actually not been supplied to a kid performer in Ontario. Suing is complimentary.

To sue, you must be either:

– a child performer under 18 years of age.

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

The child entertainer must not be covered by a cumulative arrangement.

To sue:

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

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

2. Complete the kind with all the needed details.

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

Please only file your claim as soon as.

After you sue:

– You will get an e-mail verification that includes your claim number.

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

Time restricts to filing a PCPA claim

Generally, a PCPA claim should be filed within two years of the supposed PCPA violation.

When a claim can not be filed

Generally, a claim can not be filed if:

– you have taken court action against your company for the exact 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 need to withdraw your submitted claim within 2 weeks after it is filed.

This claim kind is not intended for you if:

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

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

– you want 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 expect after you file a claim

Claims are investigated in the order that they are gotten. The quantity of time it considers a claim to be assigned varies, depending upon a number of aspects, consisting of the quantity of inbound claims. Anyone who sends an employment requirements claim receives a verification and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for examination.

The claims investigation process can take a number of months. Most of the times, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not solved by the ERO, the claim will then be designated to an employment standards officer (ESO). The ESO completes the examination, provides a written choice and takes enforcement action if essential.

To prevent delays with processing your claim, please ensure all info is correct and supporting documents are filed. If you are sending a grievance, you need to sign up for the claimant website so you can log in to see where your problem is in the process.