Filing A Claim

In Ontario, you may 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 go to Employment Ontario to discover how they can assist you get training, build abilities or find a new task.

Suing

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

File a claim

You can also file a claim online for concerns relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the submitting a claim video to understand what to anticipate when filing a work standards declare

If you have actually already begun a claim

If you have already begun or sued through the claimant portal, you can:

– indication in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

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

Sign-in/ develop account

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

Internet web browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

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, referall.us Training and Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act declares

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

A claim may be made when you think your employer has violated 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, vacation pay or other wages 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 a worker for taking such a leave.

– Not supplying a staff member with wage declarations or other required files.

To find out more, 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 applies to Ontario work environments. The rules under the ESA are minimum requirements. You might have greater rights under:

– an employment contract

– cumulative arrangement

– the typical law

– other legislation

If you have questions about your privileges, you might wish to call a legal representative.

Time frame for filing an ESA claim

There are time frame that use to filing an ESA claim. Generally, you must submit a claim within 2 years of the alleged ESA offense. If you sue within the two-year limit a work standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim may be made when you believe your company or an employer has actually broken your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for operate in Ontario through a migration or foreign short-term staff member program. For instance, if you are working or searching 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 infractions consist of:

– an employer charging you any charges

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

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

– a recruiter or employer penalizing 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 incomes owed, you may have the ability to sue under the ESA.

Time limits for submitting an EPFNA claim

Generally, you need to file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work standards officer can typically release an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

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

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

The PCPA uses to:

– child performers.

– their parents.

– their guardians.

– companies.

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

Discover 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 believe workplace defenses have actually not been provided to a kid performer in Ontario. Suing is totally free.

To sue, you must be either:

– a child entertainer under 18 years of age.

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

The kid performer should not be covered by a cumulative arrangement.

To sue:

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

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

2. Fill in the type with all the needed details.

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

Please only submit your claim when.

After you file a claim:

– You will get an e-mail verification that includes your claim number.

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

Time limits to filing a PCPA claim

Generally, a PCPA claim need to be submitted within 2 years of the supposed PCPA offense.

When a claim can not be submitted

Generally, a claim can not be submitted if:

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

This claim type is not meant for you if:

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

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

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

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

What to expect after you sue

Claims are examined in the order that they are received. The quantity of time it takes for a claim to be appointed varies, depending upon several aspects, consisting of the quantity of incoming claims. Anyone who sends an employment standards 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 assigned for investigation.

The claims investigation process can take several months. In many cases, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not resolved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO finishes the investigation, offers a composed choice and takes enforcement action if necessary.

To avoid delays with processing your claim, please ensure all details is correct and supporting documents are submitted. If you are submitting a complaint, you should sign up for the claimant website so you can log in to see where your problem remains in the process.