Filing A Claim

In Ontario, you might submit a claim 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 broken.

If you have actually lost your task, please visit Employment Ontario to find out how they can assist you get training, develop skills or find a brand-new job.

Suing

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

Sue

You can likewise sue 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 a work standards declare

If you have actually already started a claim

If you have actually currently begun or sued through the claimant website, you can:

– check in to continue your claim

– inspect the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually formerly registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ produce account button and create a My Ontario account using the same e-mail address that was used when you enrolled in the claimant website. If you do not utilize the exact same e-mail address, you will not have the ability to see any of your previously submitted claims. If you need assistance, please call the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet browser requirements

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

– 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 declares

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

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

Examples of ESA offenses consist of:

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

– Not offering a worker 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 declarations or other required files.

For more info, check out Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

The ESA is not the only law that uses to Ontario workplaces. The guidelines under the ESA are minimum requirements. You may have greater rights under:

– an employment agreement

– cumulative arrangement

– the common law

– other legislation

If you have concerns about your entitlements, you might wish to call a lawyer.

Time limitations for submitting an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you must sue within two years of the ESA infraction. If you file a claim within the two-year limit an employment standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

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

The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through a migration or foreign temporary employee program. For example, if you are working or trying to find operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA offenses consist of:

– an employer charging you any costs

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

– a recruiter or company holding onto your home (such as a passport).

– an employer or employer punishing you for asking about or exercising your EPFNA rights.

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

Time frame for employment submitting an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work standards officer can usually release an order for money owed to you under the EPFNA in the three-and-a-half-year duration 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) offers specific office protections to child entertainers who are under 18 years of age working in the live and documented home entertainment industries.

It includes minimum rights with respect to hours of work, breaks and payment of travel costs.

The PCPA applies to:

– kid performers.

– their moms and dads.

– their guardians.

– companies.

Sections are imposed by the Health and employment Safety Program or the Employment Standards Program.

Find out more about the rights of child entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace defenses have actually not been provided to a child entertainer in Ontario. Filing a claim is totally free.

To file 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 entertainer need to not be covered by a cumulative arrangement.

To sue:

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

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

2. Fill out the form with all the required details.

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

Please just submit your claim as soon as.

After you sue:

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

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

Time restricts to filing a PCPA claim

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

When a claim can not be filed

Generally, a claim can not be filed if:

– you have actually taken court action versus your employer for the very same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and decide to pursue your rights through the courts, employment you need to withdraw your submitted claim within 2 weeks after it is filed.

This claim form is not intended for you if:

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

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

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

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

What to anticipate after you sue

Claims are examined in the order that they are received. The quantity of time it considers a claim to be designated differs, depending on a number of factors, consisting of the amount of inbound claims. Anyone who sends an employment requirements claim receives a confirmation and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been designated for investigation.

The claims investigation 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 dealt with by the ERO, the claim will then be appointed to a work standards officer (ESO). The ESO completes the examination, provides a composed decision and takes enforcement action if essential.

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