Overview

  • Founded Date 08/11/1914
  • Sectors Removal
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Company Description

Filing A Claim

In Ontario, you may submit a claim 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 broken.

If you have actually lost your job, please visit Employment Ontario to find out how they can assist you get training, build skills or discover a 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 likewise sue online for issues associating with the Protecting Child Performers Act (PCPA).

File a PCPA claim

Watch the suing video to comprehend what to expect when filing an employment requirements claim

If you have actually currently begun a claim

If you have actually already begun or sued through the claimant website, you can:

– indication in to continue your claim

– check the status of your claim

– upload files to your claim.

Creating a My Ontario account

If you have formerly signed up for the claimant portal using a ONe-Key account, please choose the sign-in/ produce account button and develop a My Ontario account using the exact same e-mail address that was utilized when you enrolled in the claimant website. If you do not use the same e-mail address, you will not have the ability to see any of your formerly submitted claims. If you need help, please get in touch with 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 portal.

Internet browser requirements

To sue online utilizing e-claim or to access the claimant portal you must utilize:

– Chrome

– Firefox

– Microsoft Edge

– Safari

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

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 declares

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

A claim might be made when you think your employer has breached your rights under the ESA.

Examples of ESA offenses consist of:

– Failure to pay an employee the proper rate of pay and/or public holiday pay, getaway pay or other earnings they are entitled to under the ESA.

– Not offering a worker with time off for an entitled leave of lack under the ESA or punishing a staff member for taking such a leave.

– Not providing a staff member with wage declarations or other needed files.

For more details, go to 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 work environments. The guidelines under the ESA are minimum requirements. You might have greater rights under:

– an employment contract

– cumulative agreement

– the common law

– other legislation

If you have questions about your entitlements, job you might want to contact a lawyer.

Time frame for submitting an ESA claim

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

Similarly, if your employer owes you earnings, the earnings need to have been owed to you in the 2 years before your claim was filed for the incomes 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 actually violated your rights under the EPFNA.

The EPFNA uses to foreign nationals who work or are looking for job work in Ontario through a migration or foreign short-term employee program. For example, if you are working or looking for operate in Ontario through the federal Temporary Foreign Worker Program, or the Seasonal Agricultural Laborer Program, the EPFNA would likely use to you.

Examples of EPFNA offenses include:

– an employer charging you any charges

– an employer charging you for working with costs (with limited exceptions).

– a recruiter or company holding onto your residential or job commercial property (such as a passport).

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

Foreign nationals utilized in Ontario also have rights under the ESA. For example, if you are not being paid all wages owed, you might have the ability to sue under the ESA.

Time limits for filing an EPFNA claim

Generally, job you need to submit your EPFNA claim within three-and-a-half years of the date of the alleged EPFNA offense. Similarly, a work requirements officer can normally issue an order for cash owed to you under the EPFNA in the three-and-a-half-year period before the date you submitted an EPFNA claim.

Find out more about your rights under the EPFNA.

Protecting Child Performers Act declares

The Protecting Child Performers Act (PCPA) provides certain work environment defenses to kid performers who are under 18 years of age working in the live and documented entertainment industries.

It consists of minimum rights with respect to hours of work, breaks and payment of travel expenditures.

The PCPA applies to:

– kid performers.

– their moms and dads.

– their guardians.

– employers.

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

Find out more about the rights of child entertainers under the PCPA and read the Child Performers Guideline.

Filing a PCPA claim

You can file a PCPA claim if you believe workplace securities have not been provided to a child performer in Ontario. Suing is totally free.

To file a claim, you need to be either:

– a kid performer under 18 years of age.

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

The kid performer need to not be covered by a collective agreement.

To file a claim:

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

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

2. Fill in the form with all the needed information.

3. Select the “submit by email” button within the type to send your claim.

Please only file your claim as soon as.

After you sue:

– You will receive an e-mail verification that includes your claim number.

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

Time frame to submitting a PCPA claim

Generally, a PCPA claim must be submitted 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 taken court action against your employer for the very 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 submitted claim within 2 weeks after it is submitted.

This claim form is not planned for you if:

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

– you desire to file a complaint about occupational health and safety.

– you wish to file a human rights grievance under the Human Rights Code.

– you desire to file a claim 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 amount of time it considers a claim to be designated differs, depending on several elements, consisting of the amount of inbound claims. Anyone who submits an employment requirements declare gets a confirmation and is appointed a claim number. You will be called by the ministry once the claim has actually been appointed for investigation.

The claims examination process can take numerous months. In most cases, a claim is appointed to an early resolution officer (ERO) for initial examination. If the claim is not resolved by the ERO, the claim will then be assigned to a work (ESO). The ESO finishes the examination, offers a composed decision and takes enforcement action if essential.

To prevent hold-ups with processing your claim, please ensure all information is correct and supporting documents are submitted. If you are sending a problem, you should register for the claimant website so you can log in to see where your grievance is in the procedure.