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 find out how they can assist you get training, construct abilities or discover a new task.
Suing
You can file a claim online for any problems associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also sue online for employment problems relating to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the suing video to understand employment what to anticipate when submitting an employment requirements declare
If you have actually already started a claim
If you have actually currently begun or sued through the claimant portal, you can:
– check in to continue your claim
– inspect the status of your claim
– upload files to your claim.
Creating a My Ontario account
If you have previously registered for the claimant portal utilizing a ONe-Key account, please select the sign-in/ create account button and create a My Ontario account using the very same email address that was used when you registered in the claimant portal. If you do not use the same email address, you will not have the ability to see any of your formerly submitted claims. If you require support, please contact the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for a summary of the portal features, consisting of how to sign-up and use the website.
Internet browser requirements
To sue online utilizing e-claim or to access the claimant portal you should utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other web browsers might work, however they are not supported by the e-claim or claimant website.
PDF claim types
You can also submit 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 declares
Most employees operating in Ontario are covered by the ESA. However, some employees are not covered by the ESA and some employees who are covered by the ESA have unique guidelines and/or exemptions that might use to them.
A claim may be made when you believe your company has breached your rights under the ESA.
Examples of ESA offenses include:
– Failure to pay an employee the appropriate rate of pay and/or public vacation pay, vacation pay or other wages they are entitled to under the ESA.
– Not providing a staff member with time off for an entitled leave of lack under the ESA or penalizing an employee for taking such a leave.
– Not providing a worker with wage statements or other needed documents.
For more info, 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 rules under the ESA are minimum requirements. You may have higher rights under:
– a work agreement
– cumulative contract
– the typical law
– other legislation
If you have questions about your entitlements, you might want to contact a lawyer.
Time frame for submitting an ESA claim
There are time limitations that use to submitting an ESA claim. Generally, you should submit a claim within 2 years of the supposed ESA offense. If you file a claim within the two-year limit an employment requirements officer will examine the claim.
Similarly, if your company owes you incomes, the salaries should have been owed to you in the two years before your claim was applied for the incomes to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim might be made when you think your employer or a recruiter has broken your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are looking for operate in Ontario through an immigration or foreign momentary employee 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 infractions consist of:
– an employer charging you any costs
– an employer charging you for working with expenses (with restricted exceptions).
– a recruiter or company holding onto your residential or commercial property (such as a passport).
– a recruiter or employer punishing you for asking about or employment exercising your EPFNA rights.
Foreign nationals utilized 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 sue under the ESA.
Time limits for submitting an EPFNA claim
Generally, you should file your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work requirements officer can typically 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.
Find out more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) offers certain office defenses to kid entertainers who are under 18 years of age working in the live and recorded show business.
It includes minimum rights with respect to hours of work, breaks and payment of travel costs.
The PCPA applies to:
– child entertainers.
– their parents.
– their guardians.
– employers.
Sections are imposed by the Health and wellness Program or the Employment Standards Program.
Discover more about the rights of child entertainers under the PCPA and read the Child Performers Guideline.
Filing a PCPA claim
You can submit a PCPA claim if you think workplace defenses have actually not been provided to a kid performer in Ontario. Suing is complimentary.
To submit a claim, you must 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 child entertainer need to not be covered by a collective agreement.
To sue:
Download the claim form from the types repository and conserve it to your computer system.
1. Open the type with Adobe Reader (download Adobe Reader free of charge).
2. Fill out the kind with all the needed .
3. Select the « submit by email » button within the type to send your claim.
Please only submit your claim as soon as.
After you sue:
– You will get an e-mail verification that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development staff will examine your claim as rapidly as possible.
Time limits to submitting a PCPA claim
Generally, a PCPA claim need to be filed within two years of the supposed PCPA violation.
When a claim can not be submitted
Generally, a claim can not be submitted if:
– you have actually taken court action versus 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 need to withdraw your sent claim within 2 weeks after it is filed.
This claim form is not planned for you if:
– you operate in an industry that falls under federal jurisdiction.
– you wish to file a problem about occupational health and wellness.
– you wish to file a human rights grievance under the Human Rights Code.
– you desire to submit 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 amount of time it considers a claim to be assigned varies, depending upon several elements, consisting of the amount of inbound claims. Anyone who sends a work requirements claim gets a verification and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has actually been assigned for examination.
The claims examination process can take several months. For the most part, a claim is appointed to an early resolution officer (ERO) for preliminary examination. 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 investigation, provides a composed choice and takes enforcement action if needed.
To prevent delays with processing your claim, please guarantee all info is right and supporting files are filed. If you are submitting a problem, you must sign up for employment the claimant portal so you can log in to see where your problem remains in the procedure.
