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’ve lost your job, please see Employment Ontario to discover how they can help you get training, adremcareers.com develop abilities or find a brand-new task.

Suing

You can submit a claim online for any problems relating 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 anticipate when filing a work standards claim

If you have currently started a claim

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

– indication in to continue your claim

– examine the status of your claim

– upload documents to your claim.

Creating a My Ontario account

If you have previously signed up for the claimant website utilizing a ONe-Key account, please select the sign-in/ create 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 utilize the same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you need assistance, please get in touch with the Employment Standards Information Centre.

Sign-in/ produce account

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

browser requirements

To file a claim online utilizing e-claim or to access the claimant website you ought to utilize:

– 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 likewise 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, referall.us Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4

Employment Standards Act claims

Most workers 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 special rules and/or exemptions that might use to them.

A claim may be made when you think your employer has actually violated 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 vacation pay, trip pay or other incomes they are entitled to under the ESA.

– Not offering an employee with time off for an entitled leave of absence under the ESA or penalizing a staff member for taking such a leave.

– Not providing an employee with wage statements or other needed documents.

For additional information, 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 work environments. The guidelines under the ESA are minimum requirements. You may have greater rights under:

– an employment agreement

– collective contract

– the common law

– other legislation

If you have concerns about your entitlements, you may want to get in touch with a lawyer.

Time frame for filing an ESA claim

There are time frame that use to submitting an ESA claim. Generally, you should file a claim within 2 years of the alleged ESA offense. If you submit a claim within the two-year limitation a work requirements officer will examine the claim.

Similarly, if your employer owes you wages, the earnings should have been owed to you in the 2 years before your claim was submitted 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 company or a recruiter has actually violated your rights under the EPFNA.

The EPFNA applies to foreign nationals who work or are looking for work in Ontario through an immigration or foreign temporary worker program. For instance, 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 apply to you.

Examples of EPFNA violations consist of:

– an employer charging you any costs

– a company charging you for working with costs (with restricted exceptions).

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

– a recruiter or employer punishing you for asking about or exercising your EPFNA rights.

Foreign nationals utilized in Ontario likewise have rights under the ESA. For example, if you are not being paid all incomes owed, you might have the ability to submit a claim under the ESA.

Time limitations for filing 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 requirements officer can usually release an order for somalibidders.com 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 claims

The Protecting Child Performers Act (PCPA) offers certain work environment securities to child entertainers who are under 18 years of age working in the live and taped show business.

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

The PCPA applies to:

– child entertainers.

– their parents.

– their guardians.

– employers.

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

Learn 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 protections have actually not been supplied to a child performer in Ontario. Filing a claim is totally free.

To file a claim, you should be either:

– a child entertainer under 18 years of age.

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

The child entertainer must not be covered by a collective contract.

To file a claim:

Download the claim type from the types repository and wait to your computer.

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

2. Fill in the kind with all the required info.

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

Please only submit your claim once.

After you sue:

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

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim must be filed within two years of the supposed PCPA offense.

When a claim can not be filed

Generally, a claim can not be submitted if:

– you have actually taken court action against your company 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 must withdraw your sent claim within 2 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 grievance about occupational health and safety.

– 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 sue

Claims are examined in the order that they are gotten. The quantity of time it considers a claim to be appointed varies, depending upon a number of aspects, including the amount of incoming claims. Anyone who sends an employment requirements claim gets a confirmation and is designated a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for investigation.

The claims examination process can take numerous months. Most of the times, a claim is appointed to an early resolution officer (ERO) for initial investigation. If the claim is not solved by the ERO, the claim will then be designated to a work requirements officer (ESO). The ESO completes the investigation, supplies a composed decision and takes enforcement action if needed.

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