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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 employment Protecting Child Performers Act (PCPA) is being breached.

If you have actually lost your task, please check out Employment Ontario to find out how they can help you get training, construct abilities or discover a new job.

Suing

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 also sue online for concerns relating to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to comprehend what to expect when submitting a work standards declare

If you have currently begun a claim

If you have currently started or sued through the claimant website, you can:

– check in to continue your claim

– check the status of your claim

– upload documents to your claim.

Creating a My account

If you have formerly signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ produce account button and employment develop a My Ontario account using the very same email address that was utilized when you enrolled in the claimant portal. If you do not utilize the same email address, you will not have the ability to see any of your previously submitted claims. If you need help, please contact the Employment Standards Information Centre.

Sign-in/ create account

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

Internet web browser requirements

To file a claim online using e-claim or to access the claimant portal you need to 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 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 claims

Most employees 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 unique rules and/or exemptions that may apply to them.

A claim may be made when you think your company has broken your rights under the ESA.

Examples of ESA violations consist of:

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

– Not providing a staff member with time off for an entitled leave of absence under the ESA or punishing a staff member for taking such a leave.

– Not supplying a worker with wage declarations or other required documents.

To find out more, go to Your Guide to the Employment Standards Act or the Guide to unique guidelines and exemptions.

The ESA is not the only law that applies to Ontario workplaces. The guidelines 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 questions about your entitlements, you might wish to call a legal representative.

Time limitations for submitting an ESA claim

There are time limits that use to submitting an ESA claim. Generally, you should sue within 2 years of the alleged ESA offense. If you sue within the two-year limitation a work standards officer will examine the claim.

Similarly, if your employer owes you earnings, the wages must have been owed to you in the two years before your claim was filed for employment the salaries 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 applies to foreign nationals who work or are looking for work in Ontario through a migration or foreign short-lived staff member program. For instance, if you are working or searching for employment operate 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 offenses consist of:

– a recruiter charging you any charges

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

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

– an employer or employer 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 may have the ability to file a claim under the ESA.

Time frame for filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work standards officer can typically issue 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 declares

The Protecting Child Performers Act (PCPA) supplies certain office protections 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 respect to hours of work, breaks and payment of travel expenses.

The PCPA applies to:

– kid performers.

– their parents.

– their guardians.

– employers.

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

Find out more about the rights of child performers under the PCPA and employment read the Child Performers Guideline.

Filing a PCPA claim

You can submit a PCPA claim if you think workplace securities have not been offered to a child performer in Ontario. Filing a claim is free.

To sue, you need to be either:

– a child performer 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 kind from the forms repository and wait to your computer.

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

2. Complete the type with all the needed details.

3. Select the “send by e-mail” button within the type to send your claim.

Please just file your claim once.

After you sue:

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

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

Time frame to submitting 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 submitted

Generally, a claim can not be filed if:

– you have actually taken court action against your company for the very same issue.Note: If you submit 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 submitted claim within two weeks after it is filed.

This claim type is not meant for you if:

– you operate in an industry that falls under federal jurisdiction.

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

– you desire to file 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 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 designated varies, depending on a number of factors, consisting of the quantity of incoming claims. Anyone who submits an employment standards declare receives a confirmation and is appointed a claim number. You will be called by the ministry once the claim has actually been designated for examination.

The claims examination procedure can take a number of months. In many cases, a claim is designated to an early resolution officer (ERO) for preliminary 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 completes the examination, provides a composed choice and takes enforcement action if needed.

To prevent delays with processing your claim, please guarantee all info is appropriate and supporting documents are submitted. If you are submitting a complaint, you need to register for the claimant website so you can visit to see where your complaint remains in the process.