Filing A Claim

In Ontario, you may sue 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 breached.

If you have actually lost your task, please see Employment Ontario to discover how they can assist you get training, develop skills or discover a new task.

Suing

You can sue online for any concerns relating to the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).

Sue

You can also file a claim online for problems associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the filing a claim video to understand what to anticipate when submitting a work standards claim

If you have currently started a claim

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

– sign in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have actually previously registered for the claimant website using a ONe-Key account, referall.us please choose the sign-in/ develop account button and develop a My Ontario account utilizing the very same e-mail address that was utilized when you enrolled in the claimant portal. If you do not use the very same email address, you will not have the ability to see any of your formerly sent claims. If you require support, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

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

Internet internet browser requirements

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

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim types

You can also file an ESA or EPFNA claim using the PDF claim kind.

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 staff members working in Ontario are covered by the ESA. However, some workers are not covered by the ESA and some employees who are covered by the ESA have unique rules and/or exemptions that may use to them.

A claim may be made when you believe your company has actually breached your rights under the ESA.

Examples of ESA violations include:

– Failure to pay a staff member 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 absence under the ESA or punishing a staff member for taking such a leave.

– Not providing an employee with wage declarations or other required documents.

For additional information, visit 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 rules under the ESA are minimum requirements. You might have greater rights under:

– an employment agreement

– collective agreement

– the typical law

– other legislation

If you have concerns about your privileges, you might wish to contact a lawyer.

Time frame for filing an ESA claim

There are time frame that apply to submitting an ESA claim. Generally, you must sue within 2 years of the alleged ESA violation. If you submit a claim within the two-year limit an employment standards officer will examine the claim.

Similarly, if your company owes you earnings, the wages should have been owed to you in the two years before your claim was declared the earnings to be recoverable under the ESA.

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are looking for work in Ontario through an immigration or foreign momentary program. For instance, if you are working or searching for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely apply to you.

Examples of EPFNA violations consist of:

– a recruiter charging you any fees

– a company charging you for employing expenses (with restricted exceptions).

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

– an employer or company penalizing 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 salaries owed, you might be able to sue under the ESA.

Time limitations for filing an EPFNA claim

Generally, you should submit your EPFNA claim within three-and-a-half years of the date of the supposed EPFNA infraction. Similarly, an employment standards officer can typically release 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.

Learn more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) offers specific office protections to child performers who are under 18 years of age working in the live and taped home entertainment industries.

It includes minimum rights with respect to hours of work, breaks and payment of travel expenses.

The PCPA applies to:

– kid entertainers.

– their moms and dads.

– their guardians.

– employers.

Sections are enforced by the Health and Safety Program or the Employment Standards Program.

Find out more about the rights of kid performers 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 supplied to a kid entertainer in Ontario. Suing is complimentary.

To submit a claim, you need to be either:

– a kid entertainer under 18 years of age.

– the moms and dad or guardian of a kid performer under 18 years of age.

The kid entertainer need to not be covered by a cumulative contract.

To sue:

Download the claim kind from the forms repository and save it to your computer.

1. Open the form with Adobe Reader (download Adobe Reader free of charge).

2. Complete the kind with all the needed information.

3. Select the « submit by e-mail » button within the form to send your claim.

Please only submit your claim as soon as.

After you submit a claim:

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

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

Time restricts to filing a PCPA claim

Generally, a PCPA claim should be submitted 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 taken court action against your employer for the same issue.Note: If you sue with the Ministry of Labour, Immigration, Training and Skills Development and choose to pursue your rights through the courts, you need to withdraw your sent claim within 2 weeks after it is filed.

This claim type is not meant for you if:

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

– you desire to submit a problem about occupational health and security.

– you want to file a human rights problem under the Human Rights Code.

– you wish to sue with the Workplace Safety and Insurance Board (WSIB).

What to expect after you sue

Claims are investigated in the order that they are received. The quantity 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 declare gets a confirmation and is assigned a claim number. You will be gotten in touch with by the ministry once the claim has been appointed for examination.

The claims investigation procedure can take a number of months. Most of the times, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not fixed by the ERO, the claim will then be assigned to an employment requirements officer (ESO). The ESO completes the investigation, supplies a composed decision and takes enforcement action if essential.

To avoid delays with processing your claim, please guarantee all details is right and supporting documents are filed. If you are submitting a problem, you must register for the claimant website so you can log in to see where your problem remains in the process.