Filing A Claim

In Ontario, you may 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 job, please see Employment Ontario to learn how they can help you get training, develop abilities or find a brand-new job.

Suing

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

File a claim

You can also file a claim online for issues connecting to the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to understand what to expect when submitting a work requirements declare

If you have currently begun a claim

If you have already begun or submitted a claim through the claimant portal, you can:

– check 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, please choose the sign-in/ develop account button and produce a My Ontario account utilizing the exact same email address that was utilized when you registered in the claimant portal. If you do not use the same e-mail address, you will not be able to see any of your formerly submitted claims. If you require support, please contact the Employment Standards Information Centre.

Sign-in/ develop account

Watch the claimant portal video for a summary of the portal functions, including how to sign-up and utilize the website.

Internet internet browser requirements

To file a claim online using e-claim or somalibidders.com to access the claimant portal you ought to use:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

PDF claim forms

You can likewise submit 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 workers 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 special rules 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 violations consist of:

– 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 penalizing an employee for taking such a leave.

– Not providing a staff member with wage statements or other needed documents.

To learn more, go to Your Guide to the Employment Standards Act or the Guide to unique 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 higher rights under:

– an employment contract

– collective contract

– the common law

– other legislation

If you have questions about your entitlements, you might want to get in touch with an attorney.

Time limitations for submitting an ESA claim

There are time limits that use to submitting an ESA claim. Generally, you should sue within two years of the alleged ESA infraction. If you sue within the two-year limitation a work standards officer will investigate the claim.

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

Employment Protection for Foreign Nationals Act claims

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

The EPFNA uses to foreign nationals who work or are seeking operate in Ontario through an immigration or foreign short-term 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 violations include:

– an employer charging you any charges

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

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

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

Foreign nationals used in Ontario likewise have rights under the ESA. For instance, if you are not being paid all earnings owed, you may have the ability to file a claim under the ESA.

Time limits for filing an EPFNA claim

Generally, you must file your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA infraction. Similarly, an employment standards officer can normally release 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) provides particular office defenses to kid entertainers who are under 18 years of age working in the live and documented home entertainment markets.

It consists of minimum rights with regard to hours of work, breaks and payment of travel expenses.

The PCPA uses to:

– kid entertainers.

– their parents.

– their guardians.

– employers.

Sections are enforced 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 believe workplace defenses have not been offered to a child performer in Ontario. Suing is complimentary.

To sue, you should be either:

– a kid entertainer under 18 years of age.

– the parent or guardian of a child performer under 18 years of age.

The child entertainer should not be covered by a collective arrangement.

To sue:

Download the claim type 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 type with all the needed info.

3. Select the “submit by e-mail” button within the form to submit your claim.

Please just file your claim as soon as.

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 quickly as possible.

Time frame to submitting a PCPA claim

Generally, a PCPA claim should 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 taken court action against your employer for the exact 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 submitted.

This claim type is not meant for you if:

– you work in a market that falls under federal jurisdiction.

– you wish to submit a problem about occupational health and wellness.

– you wish to submit a human rights problem under the Human Rights Code.

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

What to anticipate after you sue

Claims are investigated in the order that they are gotten. The amount of time it takes for a claim to be assigned differs, depending on numerous elements, including the quantity of inbound claims. Anyone who submits a work standards declare receives a confirmation and is designated a claim number. You will be called by the ministry once the claim has actually been appointed for examination.

The claims investigation process can take numerous months. Most of the times, a claim is assigned to an early resolution officer (ERO) for initial examination. If the claim is not fixed by the ERO, the claim will then be assigned to an employment standards officer (ESO). The ESO finishes the examination, provides a written choice and takes enforcement action if needed.

To avoid hold-ups with processing your claim, please ensure all details is proper and supporting documents are submitted. If you are sending a complaint, you must register for the claimant website so you can log in to see where your problem remains in the process.