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 Act (PCPA) is being broken.

If you have actually lost your task, please go to Employment Ontario to find out how they can assist you get training, develop abilities or discover a brand-new job.

Filing a claim

You can sue online for any problems relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can likewise sue 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 an employment requirements claim

If you have actually currently started a claim

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

– indication 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 signed up for the claimant portal using a ONe-Key account, please select the sign-in/ create account button and create a My Ontario account using the exact same email address that was used when you enrolled in the claimant website. If you do not use the same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you require support, please get in touch with the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for an introduction of the portal features, including 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 portal 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 forms

You can also file an ESA or EPFNA claim utilizing 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 employees working 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 rules and/or exemptions that may use to them.

A claim might be made when you believe your employer has actually broken your rights under the ESA.

Examples of ESA offenses consist of:

– Failure to pay a staff member the right 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 supplying an employee with wage declarations or other required files.

For more details, go to Your Guide to the Employment Standards Act or the Guide to unique rules and exemptions.

The ESA is not the only law that uses to Ontario workplaces. The rules under the ESA are minimum requirements. You may have greater rights under:

– an employment contract

– cumulative contract

– the common law

– other legislation

If you have questions about your privileges, you may wish to call an attorney.

Time limits for submitting an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you must sue within two years of the alleged ESA offense. If you sue within the two-year limit an employment standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

A claim may be made when you believe your company or an employer has 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-lived staff member program. For instance, if you are working or trying to find work 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 consist of:

– an employer charging you any costs

– an employer charging you for employing costs (with limited exceptions).

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

– a recruiter or company punishing you for inquiring about or exercising your EPFNA rights.

Foreign nationals utilized in Ontario likewise have rights under the ESA. For instance, 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 should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA offense. Similarly, a work requirements officer can usually issue an order for cash owed to you under the EPFNA in the three-and-a-half-year period 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) offers certain workplace securities to kid performers who are under 18 years of age working in the live and taped show business.

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

The PCPA uses to:

– kid performers.

– their parents.

– their guardians.

– companies.

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

Learn more about the rights of child performers under the PCPA and referall.us read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace defenses have not been supplied to a child entertainer in Ontario. Filing a claim is complimentary.

To submit a claim, you need to be either:

– a child performer under 18 years of age.

– the parent or guardian of a kid performer under 18 years of age.

The child entertainer should not be covered by a collective contract.

To sue:

Download the claim form from the forms repository and conserve it to your computer system.

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

2. Complete 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 sue:

– You will receive an e-mail confirmation that includes your claim number.

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

Time restricts to filing a PCPA claim

Generally, a PCPA claim must be filed within two years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have taken court action against your employer for the 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 two weeks after it is filed.

This claim type is not intended for you if:

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

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

– you wish to submit a human rights grievance under the Human Rights Code.

– you wish to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are investigated in the order that they are received. The amount of time it considers a claim to be assigned varies, depending on numerous aspects, including the amount of inbound claims. Anyone who sends a work standards declare gets a confirmation and is assigned a claim number. You will be called by the ministry once the claim has actually been assigned for investigation.

The claims examination procedure can take a number of months. Most of the times, a claim is assigned to an early resolution officer (ERO) for preliminary examination. If the claim is not resolved by the ERO, the claim will then be appointed to an employment requirements officer (ESO). The ESO finishes the investigation, provides a composed decision and takes enforcement action if essential.

To avoid hold-ups with processing your claim, please make sure all information is right and supporting documents are submitted. If you are submitting a problem, you must register for the claimant portal so you can log in to see where your complaint is in the procedure.