Filing A Claim

In Ontario, you might submit a claim 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 broken.

If you have actually lost your job, please see Employment Ontario to find out how they can assist you get training, build abilities or discover a new job.

Suing

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

File a claim

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

File a PCPA claim

Watch the suing video to understand job what to expect when submitting a work standards declare

If you have already begun a claim

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

– sign 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 previously registered for the claimant website utilizing a ONe-Key account, please select the sign-in/ create account button and produce a My Ontario account using the same e-mail address that was utilized when you enrolled in the claimant portal. If you do not use the exact same email address, you will not have the ability to see any of your previously submitted claims. If you require help, please get in touch with the Employment Standards Information Centre.

Sign-in/ create account

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

Internet browser requirements

To sue online using e-claim or to access the claimant portal you should use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can likewise submit an ESA or EPFNA claim utilizing 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 declares

Most workers 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 unique guidelines and/or exemptions that might use to them.

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

Examples of ESA offenses include:

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

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

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

To learn more, check out Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

The ESA is not the only law that uses 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 entitlements, you might wish to get in touch with an attorney.

Time limitations for filing an ESA claim

There are time limits that apply to filing an ESA claim. Generally, you need to file a claim within two years of the alleged ESA infraction. If you submit a claim within the two-year limit a work standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

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

The EPFNA applies to foreign nationals who work or are seeking work in Ontario through an immigration or foreign short-lived staff member program. For instance, if you are working or trying to find 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 infractions include:

– a recruiter charging you any charges

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

– an employer or employer holding onto your home (such as a passport).

– a recruiter or job employer punishing you for asking about or exercising your EPFNA rights.

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

Time limitations for submitting an EPFNA claim

Generally, you must file 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 job money owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Discover more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers particular work to child performers who are under 18 years of age working in the live and taped show business.

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

The PCPA applies to:

– child performers.

– their parents.

– their guardians.

– companies.

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

Learn more about the rights of child 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 securities have not been offered to a kid performer in Ontario. Suing is complimentary.

To submit a claim, you must be either:

– a child performer under 18 years of age.

– the parent or guardian of a kid performer under 18 years of age.

The child performer need to not be covered by a cumulative agreement.

To sue:

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

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

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 only file your claim as soon as.

After you sue:

– You will get an email verification that includes your claim number.

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

Time restricts to submitting a PCPA claim

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

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 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 must withdraw your submitted claim within two weeks after it is submitted.

This claim form is not planned for you if:

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

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

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

– you desire to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you submit a claim

Claims are investigated in the order that they are received. The amount of time it considers a claim to be appointed varies, depending upon a number of elements, consisting of the amount of incoming claims. Anyone who submits a work standards declare receives a confirmation and is assigned a claim number. You will be called by the ministry once the claim has been assigned for investigation.

The claims investigation process can take numerous months. Most of the times, a claim is designated to an early resolution officer (ERO) for preliminary examination. If the claim is not dealt with by the ERO, the claim will then be assigned to an employment requirements officer (ESO). The ESO finishes the investigation, offers a written decision and takes enforcement action if required.

To prevent hold-ups with processing your claim, please ensure all info is correct and job supporting files are submitted. If you are submitting a complaint, you should register for the claimant portal so you can log in to see where your complaint remains in the process.