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 violated.

If you’ve lost your job, please go to Employment Ontario to discover how they can assist you get training, construct skills or find a brand-new task.

Suing

You can sue online for any concerns connecting to 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 understand what to expect when submitting a work standards declare

If you have actually currently started a claim

If you have already started or filed a claim through the claimant portal, you can:

– check in to continue your claim

– inspect the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant website utilizing a ONe-Key account, please choose the sign-in/ produce account button and job develop a My Ontario account using the exact same e-mail address that was used when you registered in the claimant website. If you do not use the exact same e-mail address, you will not have the ability to see any of your formerly sent claims. If you need help, please get in touch with the Employment Standards Information Centre.

Sign-in/ create account

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

Internet web browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim kinds

You can also file 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 claims

Most workers operating in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and job some employees who are covered by the ESA have special guidelines and/or exemptions that might use to them.

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

Examples of ESA violations include:

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

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

– Not providing an employee with wage statements or other needed files.

For more details, go to Your Guide to the Employment Standards Act or the Guide to unique 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:

– an employment agreement

– cumulative arrangement

– the common law

– other legislation

If you have concerns about your privileges, you may want to call a legal representative.

Time frame for submitting an ESA claim

There are time frame that use to filing an ESA claim. Generally, you must sue within two years of the supposed ESA offense. If you sue within the two-year limitation a work requirements officer will examine the claim.

Similarly, if your you wages, the wages must have been owed to you in the 2 years before your claim was applied for the incomes to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

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

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through a migration or foreign short-lived employee program. For instance, if you are working or searching for operate 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 violations include:

– a recruiter charging you any fees

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

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

– a recruiter or company punishing you for inquiring about or exercising your EPFNA rights.

Foreign nationals used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all incomes owed, you may have the ability to sue under the ESA.

Time frame 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 normally issue 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) provides specific workplace protections to kid entertainers who are under 18 years of age working in the live and taped show business.

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

The PCPA uses to:

– kid performers.

– their moms and dads.

– their guardians.

– employers.

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 job 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 child entertainer in Ontario. Filing a claim is free.

To submit a claim, you should be either:

– a child performer under 18 years of age.

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

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

To file a claim:

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

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

2. Fill out the type with all the needed information.

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

Please just submit your claim as soon as.

After you submit a claim:

– You will receive an email verification 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 filing a PCPA claim

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

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have taken court action against your company for the very same issue.Note: If you file a claim with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you must withdraw your sent claim within 2 weeks after it is filed.

This claim form is not planned for you if:

– you work in a market that falls under federal jurisdiction.

– you desire to file a grievance about occupational health and security.

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

– you wish to file a claim with the Workplace Safety and Insurance Board (WSIB).

What to anticipate after you submit a claim

Claims are investigated in the order that they are gotten. The quantity of time it considers a claim to be appointed differs, depending upon numerous elements, including the quantity of incoming claims. Anyone who submits a work requirements declare gets a verification and is assigned a claim number. You will be called by the ministry once the claim has been appointed for examination.

The claims investigation procedure can take several months. Most of the times, 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 assigned to a work requirements officer (ESO). The ESO finishes the examination, offers a written choice and takes enforcement action if essential.

To prevent delays with processing your claim, please make sure all information is proper and supporting documents are submitted. If you are submitting a grievance, you need to sign up for the claimant portal so you can visit to see where your problem is in the procedure.