Filing A Claim
In Ontario, you might 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 task, please check out Employment Ontario to learn how they can help you get training, develop skills or find a brand-new job.
Filing a claim
You can sue online for any concerns relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can likewise sue online for problems associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to comprehend what to expect when filing a work requirements claim
If you have currently begun a claim
If you have currently begun or submitted 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 formerly registered for the claimant portal using a ONe-Key account, please select the sign-in/ develop account button and develop a My Ontario account using the same e-mail address that was used when you registered in the claimant website. If you do not utilize the same email address, you will not have the ability to see any of your previously sent claims. If you require assistance, please get in touch with the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for a summary of the portal functions, consisting of how to sign-up and utilize the portal.
Internet internet browser requirements
To sue online utilizing e-claim or employment to access the claimant portal you must utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other internet browsers might work, however they are not supported by the e-claim or employment claimant website.
PDF claim kinds
You can likewise submit 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 employees working in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some staff members who are covered by the ESA have unique guidelines and/or exemptions that may use to them.
A claim might be made when you believe your company has actually breached 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, holiday pay or other salaries they are entitled to under the ESA.
– Not supplying a staff member with time off for an entitled leave of absence under the ESA or penalizing an employee for taking such a leave.
– Not offering an employee with wage declarations or other required files.
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 uses to Ontario offices. The rules under the ESA are minimum requirements. You may have greater rights under:
– an employment agreement
– cumulative contract
– the common law
– other legislation
If you have concerns about your privileges, you may wish to call a legal representative.
Time frame for filing an ESA claim
There are time limitations that use to filing an ESA claim. Generally, you should sue within 2 years of the alleged ESA infraction. If you sue within the two-year limitation an employment requirements officer will investigate the claim.
Similarly, if your employer owes you earnings, the wages need to have been owed to you in the 2 years before your claim was declared the salaries to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act claims
A claim may be made when you think your employer or a recruiter has actually broken your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are seeking work in Ontario through an immigration or foreign short-lived staff member program. For example, employment if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.
Examples of EPFNA violations include:
– an employer charging you any fees
– a company charging you for working with costs (with minimal exceptions).
– a recruiter or employer holding onto your residential or commercial property (such as a passport).
– an employer or company punishing you for asking about or exercising your EPFNA rights.
Foreign nationals employed in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, you might be able to submit a claim under the ESA.
Time frame for filing an EPFNA claim
Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work requirements officer can normally provide 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 certain workplace defenses to child entertainers 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 uses to:
– child performers.
– their parents.
– their guardians.
– employers.
Sections are implemented 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 submit a PCPA claim if you believe workplace defenses have actually not been supplied to a child performer in . Suing is free.
To file a claim, you should be either:
– a kid entertainer under 18 years of age.
– the moms and dad or guardian of a kid entertainer under 18 years of age.
The kid entertainer need to not be covered by a collective agreement.
To submit a claim:
Download the claim form from the types repository and conserve it to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader for free).
2. Complete the kind with all the required information.
3. Select the “send by e-mail” button within the kind to send your claim.
Please just submit 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 frame to filing a PCPA claim
Generally, a PCPA claim should be filed within 2 years of the alleged PCPA violation.
When a claim can not be filed
Generally, a claim can not be submitted if:
– you have actually taken court action against your company for the exact 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 need to withdraw your sent claim within 2 weeks after it is filed.
This claim form is not meant for you if:
– you work in an industry that falls under federal jurisdiction.
– you wish to file a grievance about occupational health and employment wellness.
– you wish to file a human rights problem under the Human Rights Code.
– you wish 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 gotten. The quantity of time it considers a claim to be assigned varies, depending upon several aspects, consisting of the quantity of inbound claims. Anyone who submits a work standards declare receives a verification and is designated a claim number. You will be contacted by the ministry once the claim has been appointed for examination.
The claims investigation procedure can take numerous months. Most of the times, a claim is designated to an early resolution officer (ERO) for preliminary investigation. If the claim is not solved by the ERO, the claim will then be designated to a work standards officer (ESO). The ESO finishes the examination, supplies a composed decision and takes enforcement action if needed.
To prevent delays with processing your claim, please guarantee all info is appropriate and supporting documents are filed. If you are submitting a grievance, you need to sign up for the claimant website so you can visit to see where your complaint is in the procedure.
