Filing A Claim

In Ontario, you may sue with the Ministry of Labour, job 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, please see Employment Ontario to find out how they can assist you get training, develop abilities or find a brand-new job.

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).

Sue

You can likewise submit a claim online for concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have actually already begun a claim

If you have actually currently begun or sued through the claimant website, 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 formerly signed up for the claimant website using a ONe-Key account, please select the sign-in/ create account button and create a My Ontario account utilizing the exact same e-mail address that was utilized when you enrolled in the claimant website. If you do not utilize the very same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you require assistance, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for a summary of the portal functions, including how to sign-up and use the website.

Internet internet browser requirements

To sue online using e-claim or to access the claimant website you ought to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can likewise submit an ESA or EPFNA claim using the PDF claim type.

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 working in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that may apply to them.

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

Examples of ESA violations consist of:

– Failure to pay a staff member the proper rate of pay and/or public holiday pay, getaway pay or other wages 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 worker for taking such a leave.

– Not offering a staff member with wage statements or other required files.

For more details, see Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.

The ESA is not the only law that applies to Ontario offices. The guidelines under the ESA are minimum requirements. You may have higher rights under:

– an employment contract

– collective agreement

– the typical law

– other legislation

If you have questions about your entitlements, you may wish to get in touch with a legal representative.

Time limits for submitting an ESA claim

There are time limitations that use to filing an ESA claim. Generally, you should submit a claim within 2 years of the supposed ESA violation. If you sue within the two-year limitation a work standards officer will investigate the claim.

Similarly, if your employer owes you salaries, the salaries should have been owed to you in the 2 years before your claim was filed for the salaries to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your company or an employer has violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are seeking work in Ontario through a migration or foreign momentary worker 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 violations include:

– a recruiter charging you any fees

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

– a recruiter or company holding onto your residential or commercial property (such as a passport).

– a recruiter or company punishing 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 might be able to sue under the ESA.

Time frame for submitting an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA violation. Similarly, an employment requirements officer can typically provide an order for job 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) offers particular office protections to kid entertainers who are under 18 years of age working in the live and taped show business.

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

The PCPA applies to:

– child entertainers.

– their moms and dads.

– their guardians.

– employers.

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

Discover more about the rights of kid entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

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

To sue, you must be either:

– a kid performer under 18 years of age.

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

The kid performer need to not be covered by a cumulative contract.

To file a claim:

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

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

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

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

Please only file your claim as soon as.

After you sue:

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

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

Time restricts to filing a PCPA claim

Generally, a PCPA claim should be filed within two years of the alleged PCPA infraction.

When a claim can not be filed

Generally, a claim can not be filed if:

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

This claim kind is not meant for you if:

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

– you wish to submit a grievance about occupational health and .

– you desire to file a human rights complaint 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 amount of time it takes for a claim to be designated differs, depending on numerous factors, including the amount of incoming claims. Anyone who submits a work requirements declare receives a verification and is appointed a claim number. You will be contacted by the ministry once the claim has actually been assigned for examination.

The claims examination procedure can take several months. For the most part, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not dealt with by the ERO, job the claim will then be appointed to an employment requirements officer (ESO). The ESO finishes the investigation, provides a written decision and takes enforcement action if essential.

To avoid delays with processing your claim, please guarantee all info is right and supporting documents are filed. If you are submitting a problem, you need to register for job the claimant website so you can visit to see where your problem is in the procedure.