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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 job Foreign Nationals Act (EPFNA) or Protecting Child Performers Act (PCPA) is being broken.
If you’ve lost your task, please visit Employment Ontario to learn how they can assist you get training, construct abilities or find a brand-new job.
Suing
You can sue online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for job Foreign Nationals Act (EPFNA).
File a claim
You can likewise file a claim online for issues connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to comprehend what to anticipate when filing an employment standards claim
If you have actually currently begun a claim
If you have actually currently started or sued through the claimant portal, you can:
– indication in to continue your claim
– examine the status of your claim
– upload documents to your claim.
Creating a My Ontario account
If you have actually formerly registered for the claimant website utilizing a ONe-Key account, please choose the sign-in/ create account button and produce a My Ontario account using the exact 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 need help, please contact the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for an overview of the portal functions, including how to sign-up and use the website.
Internet internet browser requirements
To submit a claim online utilizing e-claim or to access the claimant portal you ought to utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other internet browsers might work, however they are not supported by the e-claim or claimant website.
PDF claim kinds
You can likewise file an ESA or EPFNA claim using 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 claims
Most employees working in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some workers who are covered by the ESA have unique guidelines and/or exemptions that might use to them.
A claim may be made when you believe your company has broken your rights under the ESA.
Examples of ESA infractions include:
– Failure to pay a staff member the right rate of pay and/or public vacation pay, trip pay or other incomes they are entitled to under the ESA.
– Not offering 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 needed files.
To find out more, see 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 workplaces. The rules under the ESA are minimum requirements. You may have greater rights under:
– a work agreement
– cumulative contract
– the typical law
– other legislation
If you have questions about your privileges, you may want to get in touch with a legal representative.
Time limitations for filing an ESA claim
There are time frame that use to submitting an ESA claim. Generally, you must file a claim within two years of the alleged ESA violation. If you file a claim within the two-year limitation an employment standards officer will examine the claim.
Similarly, if your company owes you earnings, the earnings should have been owed to you in the 2 years before your claim was submitted for the earnings to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim may be made when you believe your employer or an employer has actually broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are seeking work in Ontario through a migration or foreign momentary staff member program. For instance, if you are working or looking for 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 violations include:
– a recruiter charging you any fees
– an employer charging you for hiring expenses (with restricted exceptions).
– a recruiter or company holding onto your residential or commercial property (such as a passport).
– an employer or company penalizing you for asking about or exercising your EPFNA rights.
Foreign nationals used in Ontario also have rights under the ESA. For example, job if you are not being paid all salaries owed, you might have the ability to sue under the ESA.
Time limits for filing an EPFNA claim
Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, an employment requirements officer can normally release an order for cash owed to you under the EPFNA in the three-and-a-half-year period 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) provides particular workplace protections to kid performers who are under 18 years of age working in the live and taped entertainment industries.
It includes minimum rights with regard to hours of work, breaks and payment of travel expenditures.
The PCPA uses to:
– kid entertainers.
– their parents.
– their guardians.
– employers.
Sections are enforced by the Health and Safety Program or the Employment Standards Program.
Discover 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 securities have not been provided to a child entertainer in Ontario. Filing a claim is free.
To sue, you need to be either:
– a kid performer under 18 years of age.
– the moms and dad or guardian of a kid entertainer under 18 years of age.
The kid entertainer must not be covered by a cumulative agreement.
To file a claim:
Download the claim kind from the types repository and conserve it to your computer system.
1. Open the kind with Adobe Reader (download Adobe Reader free of charge).
2. Complete the type with all the information.
3. Select the “send by email” button within the kind to send your claim.
Please just file your claim when.
After you submit a claim:
– You will receive an e-mail confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as rapidly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim should be submitted within 2 years of the alleged PCPA offense.
When a claim can not be filed
Generally, a claim can not be filed if:
– you have taken court action versus your company for the very 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 must withdraw your sent claim within two weeks after it is filed.
This claim kind is not meant for you if:
– you work in an industry that falls under federal jurisdiction.
– you desire to submit a complaint about occupational health and security.
– you wish to submit a human rights complaint under the Human Rights Code.
– you wish to file a claim with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you sue
Claims are investigated in the order that they are received. The amount of time it takes for a claim to be appointed varies, depending upon numerous aspects, including the quantity of incoming claims. Anyone who submits an employment standards declare receives a confirmation and is designated a claim number. You will be contacted by the ministry once the claim has actually been designated for examination.
The claims investigation procedure can take numerous months. Most of the times, a claim is assigned to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, the claim will then be designated to an employment requirements officer (ESO). The ESO completes the investigation, offers a written choice and takes enforcement action if necessary.
To avoid delays with processing your claim, please guarantee all details is proper and supporting files are submitted. If you are sending a complaint, you must sign up for the claimant portal so you can log in to see where your grievance remains in the procedure.