Filing A Claim

In Ontario, you may sue 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 job, please go to Employment Ontario to learn how they can assist you get training, develop abilities or discover a brand-new job.

Suing

You can file a claim online for any issues connecting to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can also sue online for problems relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to understand what to anticipate when filing an employment requirements declare

If you have actually already begun a claim

If you have actually already begun or sued through the claimant website, 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 using a ONe-Key account, please choose the sign-in/ produce account button and create a My Ontario account using the very same e-mail address that was utilized when you registered in the claimant website. If you do not utilize the same email address, you will not be able to see any of your formerly sent claims. If you need support, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

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

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other internet browsers might work, however they are not supported by the e-claim or claimant website.

PDF claim forms

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 workers operating in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that might apply to them.

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

Examples of ESA infractions include:

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

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

– Not providing a staff member with wage statements or other required documents.

For more info, 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 guidelines under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– collective agreement

– the common law

– other legislation

If you have concerns about your entitlements, you might wish to get in touch with an attorney.

Time frame for filing an ESA claim

There are time frame that apply to submitting an ESA claim. Generally, you need to file a claim within 2 years of the supposed ESA violation. If you submit a claim within the two-year limitation a work requirements officer will investigate the claim.

Similarly, if your company owes you salaries, the earnings need to have been owed to you in the 2 years before your claim was applied for the wages to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

A claim may be made when you think your employer or an employer has actually broken 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-term worker program. For instance, if you are working or looking for operate 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 infractions include:

– an employer charging you any charges

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

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

– an employer or company penalizing you for inquiring about or exercising your EPFNA rights.

Foreign nationals utilized in Ontario also have rights under the ESA. For example, 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 need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work requirements officer can generally 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 declares

The Protecting Child Performers Act (PCPA) provides particular work environment protections to kid entertainers who are under 18 years of age working in the live and recorded entertainment industries.

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

The PCPA applies to:

– kid entertainers.

– their moms and dads.

– their guardians.

– employers.

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

Find out more about the rights of child performers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace protections have actually not been supplied to a kid entertainer in Ontario. Suing is free.

To sue, you must be either:

– a kid entertainer under 18 years of age.

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

The child entertainer need to not be covered by a collective agreement.

To sue:

Download the claim type from the kinds repository and conserve it to your computer.

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

2. Fill out the kind with all the needed details.

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

Please only 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 quickly as possible.

Time limits to submitting a PCPA claim

Generally, a PCPA claim must be submitted within two years of the alleged PCPA offense.

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 decide to pursue your rights through the courts, job you should withdraw your submitted claim within 2 weeks after it is filed.

This claim type is not for you if:

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

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

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

– you wish to submit a claim 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 gotten. The amount of time it considers a claim to be assigned differs, depending on a number of elements, including the amount of incoming claims. Anyone who sends an employment requirements claim gets a verification and job is designated a claim number. You will be gotten in touch with by the ministry once the claim has been designated for investigation.

The claims investigation procedure can take numerous months. Most of the times, a claim is appointed to an early resolution officer (ERO) for initial 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 examination, provides a written decision and takes enforcement action if needed.

To prevent hold-ups with processing your claim, please guarantee all information is appropriate and supporting documents are filed. If you are submitting a grievance, you ought to sign up for the claimant website so you can log in to see where your grievance is in the procedure.