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’ve lost your job, please see Employment Ontario to find out how they can help you get training, construct abilities or referall.us find a brand-new job.
Filing a claim
You can sue online for any concerns associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can also sue online for problems associating with the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the submitting a claim video to understand what to anticipate when submitting a work requirements declare
If you have actually already begun a claim
If you have actually currently begun or filed a claim 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 actually formerly registered for the claimant website using a ONe-Key account, please choose the sign-in/ create account button and create a My Ontario account utilizing the same e-mail address that was used when you registered in the claimant portal. If you do not utilize the very same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you need support, please get in touch with the Employment Standards Information Centre.
Sign-in/ create account
Watch the claimant portal video for an overview of the portal functions, including how to sign-up and utilize the website.
Internet browser requirements
To submit a claim online using 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 kinds
You can also file an ESA or EPFNA claim using 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 operating 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 special rules and/or exemptions that might use to them.
A claim may be made when you believe your employer has actually 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, vacation pay or other salaries 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 penalizing a worker for taking such a leave.
– Not offering a worker with wage statements or other needed files.
For more details, check out 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 workplaces. The rules under the ESA are minimum requirements. You might have greater rights under:
– an employment agreement
– cumulative agreement
– the common law
– other legislation
If you have questions about your entitlements, you may wish to get in touch with an attorney.
Time frame for submitting an ESA claim
There are time frame that apply to submitting an ESA claim. Generally, you should submit a claim within two years of the supposed ESA infraction. If you sue within the two-year limitation an employment requirements officer will investigate the claim.
Similarly, if your employer owes you earnings, the earnings must have been owed to you in the two years before your claim was applied for the earnings 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 actually breached your rights under the EPFNA.
The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through a migration or foreign momentary worker program. For example, if you are working or looking for work in Ontario through the Foreign Worker Program, or the Seasonal Agricultural Worker Program, the EPFNA would likely apply to you.
Examples of EPFNA violations include:
– a recruiter charging you any charges
– a company charging you for employing costs (with limited 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 used in Ontario likewise have rights under the ESA. For example, if you are not being paid all incomes owed, you may have the ability to file a claim under the ESA.
Time frame for submitting an EPFNA claim
Generally, you must submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, a work standards officer can usually provide 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.
Discover more about your rights under the EPFNA.
Protecting Child Performers Act claims
The Protecting Child Performers Act (PCPA) supplies specific work environment defenses to kid entertainers who are under 18 years of age working in the live and documented show business.
It includes minimum rights with respect to hours of work, breaks and payment of travel expenses.
The PCPA applies to:
– kid performers.
– their moms and dads.
– their guardians.
– companies.
Sections are imposed by the Health and Safety 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 submit a PCPA claim if you believe workplace securities have not been offered to a kid entertainer in Ontario. Filing a claim is complimentary.
To sue, you need to be either:
– a kid performer under 18 years of age.
– the parent or guardian of a kid performer under 18 years of age.
The child performer need to not be covered by a cumulative arrangement.
To file a claim:
Download the claim form from the types repository and conserve it to your computer.
1. Open the form with Adobe Reader (download Adobe Reader free of charge).
2. Fill in the form with all the needed info.
3. Select the “submit by email” button within the form to send your claim.
Please just file your claim once.
After you submit a claim:
– You will receive an email confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will examine your claim as rapidly as possible.
Time limits to submitting a PCPA claim
Generally, a PCPA claim must be filed within 2 years of the supposed PCPA violation.
When a claim can not be submitted
Generally, a claim can not be filed if:
– you have actually taken court action versus your employer for the exact 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 submitted claim within two weeks after it is submitted.
This claim form is not meant for you if:
– you operate in a market that falls under federal jurisdiction.
– you wish to file a grievance about occupational health and wellness.
– you desire to file a human rights complaint under the Human Rights Code.
– you desire to submit a claim with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you submit a claim
Claims are investigated in the order that they are received. The amount of time it considers a claim to be assigned differs, depending on a number of factors, including the quantity of incoming claims. Anyone who sends a work standards claim gets a verification and is appointed a claim number. You will be contacted by the ministry once the claim has been appointed for investigation.
The claims investigation procedure can take numerous months. Most of the times, a claim is designated to an early resolution officer (ERO) for initial examination. If the claim is not dealt with by the ERO, the claim will then be assigned to a work requirements officer (ESO). The ESO finishes the examination, provides a written decision and takes enforcement action if required.
To avoid delays with processing your claim, please guarantee all info is correct and supporting files are submitted. If you are sending a grievance, you need to sign up for the claimant website so you can visit to see where your problem is in the procedure.
