Filing A Claim

In Ontario, you might 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 broken.

If you have actually lost your job, please see Employment Ontario to learn how they can assist you get training, construct skills or discover a new task.

Suing

You can submit a claim online for any problems associating with the Employment Standards Act (ESA) or employment Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

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

File a PCPA claim

Watch the submitting a claim video to comprehend what to expect when filing an employment standards claim

If you have currently started a claim

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

– check in to continue your claim

– examine the status of your claim

– upload documents 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 same e-mail address that was used when you enrolled in the claimant portal. If you do not utilize the same e-mail address, employment you will not be able to see any of your previously sent claims. If you require help, please contact the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and use the portal.

Internet web browser requirements

To sue online using e-claim or to access the claimant website you must utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

Other browsers may work, but they are not supported by the e-claim or .

PDF claim kinds

You can also file an ESA or EPFNA claim utilizing 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 staff members working in Ontario are covered by the ESA. However, some staff members are not covered by the ESA and some staff members who are covered by the ESA have unique rules and/or exemptions that might apply to them.

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

Examples of ESA infractions include:

– Failure to pay a staff member the right rate of pay and/or public holiday pay, trip pay or other incomes they are entitled to under the ESA.

– Not offering a worker with time off for an entitled leave of lack under the ESA or penalizing an employee for employment taking such a leave.

– Not providing an employee with wage declarations or other required documents.

To learn more, see 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 guidelines under the ESA are minimum requirements. You might have higher rights under:

– an employment agreement

– collective contract

– the typical law

– other legislation

If you have concerns about your entitlements, you might want to get in touch with a lawyer.

Time limits for filing an ESA claim

There are time limitations that apply to submitting an ESA claim. Generally, you should submit a claim within 2 years of the alleged ESA infraction. If you file a claim within the two-year limitation an employment standards officer will examine the claim.

Similarly, if your employer owes you salaries, the salaries should have been owed to you in the two years before your claim was submitted 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 employer or a recruiter has breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through a migration or foreign short-term worker program. For instance, if you are working or looking for 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 offenses include:

– a recruiter charging you any charges

– an employer charging you for working with costs (with restricted exceptions).

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

– an employer or employer punishing you for inquiring about or employment 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 may be able to file a claim 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 alleged EPFNA infraction. Similarly, an employment requirements officer can typically release an order for 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 claims

The Protecting Child Performers Act (PCPA) offers certain work environment securities to child entertainers who are under 18 years of age working in the live and recorded show business.

It consists of minimum rights with respect to hours of work, breaks and payment of travel expenditures.

The PCPA uses to:

– kid performers.

– their moms and employment dads.

– their guardians.

– companies.

Sections are implemented 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 submit a PCPA claim if you believe workplace defenses have not been supplied to a kid entertainer in Ontario. Suing is complimentary.

To sue, you must be either:

– a kid entertainer under 18 years of age.

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

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

To sue:

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

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

2. Complete the kind with all the required details.

3. Select the “submit 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 e-mail confirmation that includes your claim number.

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

Time frame to filing a PCPA claim

Generally, a PCPA claim need to be filed within two years of the alleged PCPA offense.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have taken court action versus your employer for the very same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you must withdraw your submitted claim within 2 weeks after it is filed.

This claim kind is not planned for you if:

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

– you wish to submit a complaint about occupational health and security.

– you wish to submit a human rights problem 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 quantity of time it takes for a claim to be assigned differs, depending upon a number of elements, consisting of the amount of inbound 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 been assigned for investigation.

The claims investigation process can take several months. For the most part, a claim is assigned to an early resolution officer (ERO) for preliminary investigation. If the claim is not fixed by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO finishes the examination, offers a written decision and takes enforcement action if essential.

To prevent hold-ups with processing your claim, please make sure all information is appropriate and supporting files are filed. If you are submitting a complaint, you must register for the claimant portal so you can log in to see where your problem is in the process.