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Filing A Claim

In Ontario, you may sue with the Ministry of Labour, Immigration, Training and Skills Development if you believe 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 job, please go to Employment Ontario to learn how they can assist you get training, construct abilities or find a new job.

Suing

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

Sue

You can also file a claim online for concerns associating with 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 actually already started or submitted a claim through the claimant website, you can:

– check in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have previously signed up for the claimant website utilizing a ONe-Key account, please choose the sign-in/ create account button and employment produce a My Ontario account utilizing the exact same email address that was used when you enrolled in the claimant website. If you do not use the exact same e-mail address, you will not be able to see any of your formerly submitted claims. If you need help, please contact the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an introduction of the portal functions, consisting of how to sign-up and use the portal.

Internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other web browsers might work, employment 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 form.

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 working 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 special rules and/or employment exemptions that may apply to them.

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

Examples of ESA violations consist of:

– Failure to pay a staff member the right rate of pay and/or employment public holiday pay, vacation pay or other earnings 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 a worker for taking such a leave.

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

To find out more, go to Your Guide to the Employment Standards Act or the Guide to special 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 might have higher rights under:

– an employment contract

– cumulative agreement

– the common law

– other legislation

If you have questions about your entitlements, you may wish to call an attorney.

Time limits for submitting an ESA claim

There are time limitations that apply to filing an ESA claim. Generally, you should sue within 2 years of the alleged ESA violation. If you sue within the two-year limit an employment requirements officer will examine the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim might be made when you think your employer or an employer has breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through a migration 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 Laborer Program, the EPFNA would likely apply to you.

Examples of EPFNA infractions include:

– a recruiter charging you any fees

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

– an employer 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 wages owed, you might have the ability to file a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work 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) offers certain work environment securities to child entertainers who are under 18 years of age working in the live and recorded show business.

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

The PCPA uses to:

– child performers.

– their moms and dads.

– their guardians.

– companies.

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

Learn more about the rights of child performers 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 not been supplied to a kid performer in Ontario. Filing a claim is complimentary.

To sue, you must be either:

– a child entertainer under 18 years of age.

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

The child entertainer should not be covered by a collective contract.

To submit a claim:

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

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

2. Fill in the kind with all the needed details.

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

Please just file your claim when.

After you sue:

– You will receive 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 frame to submitting a PCPA claim

Generally, a PCPA claim must be filed within two years of the alleged PCPA offense.

When a claim can not be filed

Generally, a claim can not be submitted if:

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

This claim kind is not meant for you if:

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

– you want to submit a problem about occupational health and safety.

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

– you wish to file 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 assigned varies, depending on a number of factors, including the amount of incoming claims. Anyone who sends an employment standards declare receives a confirmation and is assigned a claim number. You will be contacted by the ministry once the claim has been designated for investigation.

The claims examination procedure can take numerous months. In many cases, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not fixed by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO finishes the investigation, supplies a composed choice and takes enforcement action if necessary.

To prevent hold-ups with processing your claim, please guarantee all info is proper and supporting documents are submitted. If you are submitting a complaint, you should sign up for the claimant website so you can log in to see where your grievance remains in the procedure.