Filing A Claim

In Ontario, you may file a claim 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 task, please check out Employment Ontario to discover how they can help you get training, build abilities or discover a brand-new job.

Suing

You can file a claim online for any issues relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

File a claim

You can also sue online for concerns connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

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

If you have actually already started a claim

If you have currently begun or filed a claim through the claimant website, you can:

– check in to continue your claim

– examine the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant portal using a ONe-Key account, please choose the sign-in/ develop account button and develop a My Ontario account utilizing the exact same email address that was utilized when you registered in the claimant website. If you do not utilize the exact same e-mail address, you will not be able to see any of your previously submitted claims. If you require help, please contact the Employment Standards Information Centre.

Sign-in/ create account

Watch the claimant portal video for an of the portal features, including how to sign-up and utilize the website.

Internet browser requirements

To submit a claim online utilizing e-claim or to access the claimant website you must use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can also 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 staff members working in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some workers who are covered by the ESA have special guidelines and/or exemptions that might use to them.

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

Examples of ESA offenses include:

– Failure to pay an employee the right rate of pay and/or public holiday pay, trip pay or other earnings they are entitled to under the ESA.

– Not supplying an employee with time off for an entitled leave of absence under the ESA or punishing a worker for taking such a leave.

– Not offering a staff member with wage declarations or other required documents.

To find out more, check out Your Guide to the Employment Standards Act or the Guide to special guidelines 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 greater rights under:

– an employment agreement

– collective agreement

– the common law

– other legislation

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

Time frame for filing an ESA claim

There are time frame that apply to filing an ESA claim. Generally, you need to submit a claim within 2 years of the supposed ESA violation. If you submit a claim within the two-year limitation an employment standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act declares

A claim might be made when you believe your company or a recruiter has actually breached your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign short-lived worker program. For example, if you are working or trying to find 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 include:

– a recruiter charging you any costs

– an employer charging you for employing expenses (with minimal exceptions).

– an employer or employer holding onto your home (such as a passport).

– an employer or employer penalizing you for asking about or exercising your EPFNA rights.

Foreign nationals used in Ontario also have rights under the ESA. For example, if you are not being paid all wages owed, you may have the ability to sue under the ESA.

Time frame for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work standards officer can normally issue an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you filed an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act claims

The Protecting Child Performers Act (PCPA) provides specific workplace protections to child entertainers who are under 18 years of age working in the live and taped show business.

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

The PCPA applies to:

– kid entertainers.

– their moms and dads.

– their guardians.

– employers.

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

Find out more about the rights of kid entertainers under the PCPA and check out the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you think workplace securities have actually 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 child performer under 18 years of age.

The kid performer need to not be covered by a collective arrangement.

To submit a claim:

Download the claim form from the types repository and wait to your computer system.

1. Open the kind with Adobe Reader (download Adobe Reader for complimentary).

2. Fill out the kind with all the needed info.

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

Please just submit your claim as soon as.

After you file a claim:

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

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim must be submitted within 2 years of the supposed PCPA infraction.

When a claim can not be submitted

Generally, a claim can not be filed if:

– you have taken court action versus your company 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 2 weeks after it is submitted.

This claim type is not intended for you if:

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

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

– you want to file 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 file a claim

Claims are examined in the order that they are received. The amount of time it considers a claim to be assigned differs, depending on a number of aspects, including the amount of incoming claims. Anyone who submits an employment standards claim receives a verification and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been designated 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 investigation. If the claim is not fixed by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO completes the examination, supplies a composed decision and takes enforcement action if necessary.

To prevent delays with processing your claim, please ensure all information is proper and supporting files are filed. If you are submitting a grievance, you should sign up for the claimant portal so you can visit to see where your complaint is in the procedure.