Filing A Claim
In Ontario, you might sue with the Ministry of Labour, employment 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’ve lost your job, employment please check out Employment Ontario to discover how they can help you get training, develop abilities or discover a new task.
Filing a claim
You can sue online for any issues relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can also sue online for problems connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the submitting a claim video to comprehend what to expect when submitting an employment standards declare
If you have actually already begun a claim
If you have already started or filed a claim through the claimant portal, you can:
– check in to continue your claim
– check the status of your claim
– upload files to your claim.
Creating a My Ontario account
If you have previously signed up for the claimant website utilizing a ONe-Key account, please select the sign-in/ create account button and produce a My Ontario account utilizing 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 be able to see any of your formerly submitted claims. If you need assistance, please call the Employment Standards Information Centre.
Sign-in/ develop account
Watch the claimant portal video for an overview of the portal functions, consisting of how to sign-up and use the website.
Internet internet browser requirements
To sue online utilizing e-claim or to access the claimant website you must utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other web browsers might work, but they are not supported by the e-claim or claimant website.
PDF claim types
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
Act claims
Most staff members 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 might use to them.
A claim might be made when you think your company has broken your rights under the ESA.
Examples of ESA violations include:
– Failure to pay an employee the right rate of pay and/or public vacation pay, getaway pay or other incomes they are entitled to under the ESA.
– Not providing a staff member with time off for an entitled leave of lack under the ESA or penalizing a staff member for taking such a leave.
– Not offering a staff member with wage statements or other needed documents.
To learn more, visit Your Guide to the Employment Standards Act or the Guide to special 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 higher rights under:
– an employment agreement
– collective contract
– the typical law
– other legislation
If you have concerns about your entitlements, you might wish to get in touch with an attorney.
Time limits for submitting an ESA claim
There are time frame that apply to submitting an ESA claim. Generally, you need to file a claim within two years of the alleged ESA violation. If you file a claim within the two-year limit an employment standards officer will examine the claim.
Similarly, if your company owes you earnings, the salaries need to have been owed to you in the two years before your claim was applied for the wages to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim might be made when you believe your company or a recruiter has broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign temporary staff member program. For example, if you are working or searching for work in Ontario through the federal Temporary Foreign Worker Program, employment or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.
Examples of EPFNA violations include:
– a recruiter charging you any costs
– an employer charging you for hiring costs (with restricted exceptions).
– a recruiter or company holding onto your residential or employment commercial property (such as a passport).
– a recruiter or employer penalizing you for inquiring about or exercising your EPFNA rights.
Foreign nationals employed in Ontario likewise have rights under the ESA. For example, if you are not being paid all earnings owed, you may be able to sue under the ESA.
Time limits for filing an EPFNA claim
Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, a work requirements officer can normally 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 claims
The Protecting Child Performers Act (PCPA) provides particular work environment protections to kid performers who are under 18 years of age working in the live and recorded home entertainment markets.
It consists of minimum rights with regard to hours of work, breaks and payment of travel expenditures.
The PCPA applies to:
– child entertainers.
– their moms and dads.
– their guardians.
– companies.
Sections are enforced by the Health and wellness 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 think workplace defenses have actually not been offered to a kid entertainer in Ontario. Suing is totally free.
To file a claim, you need to be either:
– a child entertainer under 18 years of age.
– the parent or guardian of a child performer under 18 years of age.
The kid performer should not be covered by a collective contract.
To sue:
Download the claim form from the types repository and wait to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader for employment complimentary).
2. Complete the form with all the required details.
3. Select the “submit by e-mail” button within the type to send your claim.
Please just file your claim as soon as.
After you sue:
– You will get an e-mail confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will investigate your claim as rapidly as possible.
Time restricts to filing a PCPA claim
Generally, a PCPA claim must be submitted within two years of the supposed PCPA violation.
When a claim can not be filed
Generally, a claim can not be filed if:
– you have taken court action against your company for the exact 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, you must withdraw your submitted claim within 2 weeks after it is submitted.
This claim form is not meant for you if:
– you work in an industry that falls under federal jurisdiction.
– you wish to file a complaint about occupational health and wellness.
– you wish to submit 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 expect after you file a claim
Claims are investigated in the order that they are gotten. The amount of time it takes for a claim to be appointed differs, depending on a number of factors, consisting of the amount of inbound claims. Anyone who submits a work requirements claim gets a confirmation and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for examination.
The claims examination process can take numerous months. For the most part, 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 appointed to an employment standards officer (ESO). The ESO finishes the examination, offers a written choice and takes enforcement action if necessary.
To avoid delays with processing your claim, please ensure all details is proper and supporting documents are submitted. If you are sending a grievance, you should register for employment the claimant portal so you can log in to see where your problem remains in the process.
