Filing A Claim

In Ontario, you might 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 breached.

If you have actually lost your task, please visit Employment Ontario to learn how they can assist you get training, develop abilities or find a new task.

Filing a claim

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

File a claim

You can also submit a claim online for issues associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to anticipate when filing an employment standards declare

If you have already started a claim

If you have actually currently started or sued 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 using a ONe-Key account, please choose the sign-in/ produce account button and produce a My Ontario account utilizing the very same e-mail address that was used when you registered in the claimant website. If you do not use the same email address, you will not have the ability to see any of your formerly submitted claims. If you need support, please contact the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can also file 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 unique rules and/or exemptions that might use to them.

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

Examples of ESA infractions include:

– Failure to pay a staff member the proper rate of pay and/or public vacation pay, getaway pay or referall.us other salaries they are entitled to under the ESA.

– Not providing an employee with time off for an entitled leave of lack under the ESA or punishing a staff member for taking such a leave.

– Not supplying a worker with wage statements or other required files.

To find out more, see 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 higher rights under:

– a work agreement

– cumulative arrangement

– the common law

– other legislation

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

Time frame for filing an ESA claim

There are time limitations that apply to filing an ESA claim. Generally, you must file a claim within two years of the alleged ESA violation. If you submit a claim within the two-year limitation an employment requirements officer will examine the claim.

Similarly, if your employer owes you earnings, 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 might be made when you believe your employer or a recruiter has broken your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign temporary 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 apply to you.

Examples of EPFNA violations consist of:

– an employer charging you any charges

– an employer charging you for working with costs (with limited exceptions).

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

– a recruiter 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 may be able to submit a claim under the ESA.

Time frame for submitting an EPFNA claim

Generally, you should 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 provide 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.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) offers certain workplace securities to child entertainers 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 costs.

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– companies.

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

Find out more about the rights of kid performers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace securities have not been supplied to a kid entertainer in Ontario. Filing a claim is complimentary.

To file a claim, you need to be either:

– a kid performer under 18 years of age.

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

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

To file a claim:

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

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

2. Fill out the kind with all the required information.

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

Please only file your claim as soon as.

After you sue:

– You will receive 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 frame to filing a PCPA claim

Generally, a PCPA claim must be filed within 2 years of the alleged PCPA violation.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have actually taken court action versus your employer for the exact same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your sent claim within two weeks after it is filed.

This claim kind is not meant for you if:

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

– you want to file a complaint about occupational health and wellness.

– you desire to submit a human rights complaint under the Human Rights Code.

– you wish to submit a claim with the Workplace Safety and (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 assigned differs, depending on numerous factors, including the amount of incoming claims. Anyone who submits an employment requirements claim gets a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been designated for investigation.

The claims investigation process can take several months. For the most part, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO completes the examination, supplies a written decision and takes enforcement action if essential.

To prevent hold-ups with processing your claim, please make sure all information is appropriate and supporting files are submitted. If you are submitting a complaint, you need to register for the claimant portal so you can log in to see where your grievance is in the procedure.