Filing A Claim
In Ontario, you might file a claim 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 violated.
If you’ve lost your task, please visit Employment Ontario to learn how they can assist you get training, construct abilities or find a new task.
Suing
You can file a claim online for any concerns relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
Sue
You can likewise submit a claim online for concerns connecting to the Protecting Child Performers Act (PCPA).
File a PCPA claim
Watch the filing a claim video to understand what to anticipate when filing an employment requirements claim
If you have actually already begun a claim
If you have actually already started or sued through the claimant portal, you can:
– indication in to continue your claim
– examine the status of your claim
– upload files to your claim.
Creating a My Ontario account
If you have previously signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ create account button and develop a My Ontario account using the exact same e-mail address that was utilized when you registered in the claimant portal. If you do not use the very same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you require help, please contact the Employment Standards Information Centre.
Sign-in/ produce account
Watch the claimant portal video for an introduction 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 website you need to utilize:
– Chrome
– Firefox
– Microsoft Edge
– Safari
Other browsers might work, however they are not supported by the e-claim or claimant portal.
PDF claim kinds
You can likewise 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 operating 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 guidelines and/or exemptions that might use to them.
A claim might be made when you believe your company has actually breached your rights under the ESA.
Examples of ESA offenses include:
– Failure to pay a worker the appropriate rate of pay and/or public holiday pay, holiday pay or other salaries they are to under the ESA.
– Not offering an employee with time off for an entitled leave of absence under the ESA or punishing a worker for taking such a leave.
– Not providing a worker 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 applies to Ontario workplaces. The guidelines under the ESA are minimum requirements. You may have higher rights under:
– a work contract
– collective arrangement
– the common law
– other legislation
If you have concerns about your privileges, you may want to call a legal representative.
Time frame for filing an ESA claim
There are time limits that use to submitting an ESA claim. Generally, you must sue within 2 years of the supposed ESA violation. If you sue within the two-year limit a work standards officer will investigate the claim.
Similarly, if your company owes you salaries, the earnings need to 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 think your employer or an employer has actually breached your rights under the EPFNA.
The EPFNA applies to foreign nationals who work or are seeking operate in Ontario through a migration or foreign momentary staff member program. For instance, referall.us if you are working or trying to find work 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:
– an employer charging you any costs
– a company charging you for employing expenses (with minimal exceptions).
– a recruiter or employer holding onto your home (such as a passport).
– an employer or employer punishing 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 incomes owed, you may have the ability to sue under the ESA.
Time frame for submitting an EPFNA claim
Generally, you need to submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, a work requirements officer can generally provide an order for money owed to you under the EPFNA in the three-and-a-half-year duration before the date you submitted an EPFNA claim.
Discover more about your rights under the EPFNA.
Protecting Child Performers Act declares
The Protecting Child Performers Act (PCPA) supplies particular workplace protections to kid entertainers who are under 18 years of age working in the live and documented show business.
It consists of minimum rights with regard to hours of work, breaks and payment of travel costs.
The PCPA uses to:
– child performers.
– 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 child performers under the PCPA and 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 kid performer in Ontario. Suing is free.
To submit a claim, you should be either:
– a kid performer under 18 years of age.
– the moms and dad or guardian of a kid performer under 18 years of age.
The kid entertainer should not be covered by a collective contract.
To sue:
Download the claim form from the forms repository and wait to your computer.
1. Open the type with Adobe Reader (download Adobe Reader for free).
2. Complete the kind with all the needed details.
3. Select the “send by email” button within the form to submit your claim.
Please only submit your claim when.
After you submit a claim:
– You will get an email confirmation that includes your claim number.
Ministry of Labour, Immigration, Training and Skills Development personnel will investigate your claim as rapidly as possible.
Time frame to filing a PCPA claim
Generally, a PCPA claim need to be submitted 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 company for the exact same issue.Note: If you submit a claim 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 two weeks after it is filed.
This claim form is not meant for you if:
– you work in an industry that falls under federal jurisdiction.
– you wish to file a complaint about occupational health and wellness.
– you want to file a human rights grievance under the Human Rights Code.
– you wish to sue with the Workplace Safety and Insurance Board (WSIB).
What to expect after you submit a claim
Claims are investigated in the order that they are gotten. The amount of time it takes for a claim to be designated varies, depending upon several factors, including the quantity of incoming claims. Anyone who sends an employment requirements declare receives a confirmation and is appointed a claim number. You will be called by the ministry once the claim has actually been appointed for examination.
The claims examination procedure can take a number of months. In a lot of cases, 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 appointed to an employment 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 guarantee all information is correct and supporting files are filed. If you are sending a grievance, you must register for the claimant portal so you can visit to see where your grievance remains in the procedure.