Filing A Claim
In Ontario, job you may 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 job Protecting Child Performers Act (PCPA) is being broken.
If you have actually lost your job, please check out Employment Ontario to find out how they can assist you get training, develop skills or discover a new job.
Filing a claim
You can sue online for any issues associating with the Employment Standards Act (ESA) or Employment Protection for Foreign Nationals Act (EPFNA).
File a claim
You can likewise submit a claim online for problems relating 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 standards declare
If you have actually currently started a claim
If you have currently started or sued through the claimant portal, you can:
- indication 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 previously registered for job the claimant portal utilizing a ONe-Key account, please choose the sign-in/ develop account button and produce a My Ontario account utilizing the exact same e-mail address that was utilized when you registered in the claimant website. If you do not use the exact same email 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/ create 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 sue online using e-claim or to access the claimant website you need to use:
- Chrome
- Firefox
- Microsoft Edge
- Safari
Other browsers may work, but 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 form.
Submit your claim by:
- fax to 1-888-252-4684 or
mail to:
Provincial Claims Centre
Ministry of Labour, Immigration, Training and job Skills Development
70 Foster Drive, Suite 410
Roberta Bondar Place
Sault Ste. Marie, Ontario
P6A 6V4
Employment Standards Act declares
Most workers operating 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 guidelines and/or exemptions that might apply to them.
A claim may be made when you think your employer has actually breached your rights under the ESA.
Examples of ESA offenses include:
- Failure to pay an employee the right rate of pay and/or public holiday pay, vacation pay or other earnings they are entitled to under the ESA.
- Not supplying a worker with time off for an entitled leave of absence under the ESA or punishing a worker for taking such a leave.
- Not providing an employee with wage statements or other needed documents.
For additional information, check out Your Guide to the Employment Standards Act or the Guide to special guidelines and exemptions.
The ESA is not the only law that applies to Ontario workplaces. The rules under the ESA are minimum requirements. You might have higher rights under:
- an employment agreement
- collective arrangement
- the typical law
- other legislation
If you have questions about your entitlements, you might want 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 submit a claim within two years of the supposed ESA violation. If you sue within the two-year limit an employment standards officer will investigate the claim.
Similarly, if your company owes you incomes, the incomes should have been owed to you in the 2 years before your claim was submitted for the wages to be recoverable under the ESA.
Employment Protection for Foreign Nationals Act declares
A claim might be made when you believe your company or an employer has broken 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 instance, if you are working or trying to find work in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Program, the EPFNA would likely use to you.
Examples of EPFNA infractions consist of:
- a recruiter charging you any costs
- an employer charging you for employing costs (with restricted exceptions).
- an employer or company holding onto your property (such as a passport).
- a recruiter or company punishing you for asking about or exercising your EPFNA rights.
Foreign nationals employed 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 submit a claim 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 offense. Similarly, an employment requirements officer can usually 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 specific office protections to child entertainers who are under 18 years of age working in the live and taped show business.
It consists of 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 enforced by the Health and Safety Program or the Employment Standards Program.
Discover more about the rights of child 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 kid entertainer in Ontario. Filing a claim is totally free.
To submit a claim, you must be either:
- a child performer under 18 years of age.
- the moms and dad or guardian of a kid performer under 18 years of age.
The kid performer need to not be covered by a collective contract.
To file a claim:
Download the claim form from the kinds repository and wait to your computer.
1. Open the kind with Adobe Reader (download Adobe Reader for complimentary).
2. Fill out the type with all the needed details.
3. Select the "submit by email" button within the type to send your claim.
Please just file your claim as soon as.
After you sue:
- You will receive an e-mail verification that includes your claim number.
Ministry of Labour, job 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 need to be filed within two years of the supposed PCPA offense.
When a claim can not be filed
Generally, a claim can not be filed if:
- you have actually taken court action against your company for the very 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 2 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 desire to submit a grievance about occupational health and wellness.
- you wish to submit a human rights grievance under the Human Rights Code.
- you wish to submit a claim with the Workplace Safety and Insurance Board (WSIB).
What to anticipate after you file a claim
Claims are investigated in the order that they are received. The amount of time it takes for a claim to be appointed varies, depending upon several elements, consisting of the amount of inbound claims. Anyone who submits a work standards claim receives a verification and is appointed a claim number. You will be gotten in touch with by the ministry once the claim has been assigned for examination.
The claims examination process can take several months. In many cases, a claim is designated to an early resolution officer (ERO) for initial investigation. If the claim is not dealt with by the ERO, the claim will then be assigned to an employment requirements officer (ESO). The ESO completes the investigation, supplies a written choice and takes enforcement action if necessary.
To prevent hold-ups with processing your claim, please guarantee all info is proper and supporting files are filed. If you are submitting a problem, you must sign up for the claimant portal so you can log in to see where your problem is in the process.