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Difference between revisions of "Checklist for Employment Law (9:III)"
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Checklist for Employment Law (9:III) (view source)
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{{REVIEWED LSLAP | date= August 1, 2023}} | |||
{{LSLAP Manual TOC|expanded = employment}} | {{LSLAP Manual TOC|expanded = employment}} | ||
== A. Preliminary Matters == | |||
{{Checkbox}} '''Jurisdiction:''' Determine whether the employee falls within provincial or federal jurisdiction and make a list of which statutes apply to the employee. | |||
*See [[Preliminary Matters for Employment Law (9:IV)#A. Determine Federal or Provincial Jurisdiction | Section IV.A: Determine Federal or Provincial Jurisdiction]] | |||
{{Checkbox}} '''Unionized or Non-Unionized''': Determine whether the employee is working in a union environment, and if so, whether the employment relationship is governed by a collective agreement, and whether the employee is in the bargaining unit covered by the collective agreement. | |||
*See [[Preliminary Matters for Employment Law (9:IV)#C. Determine if the Employee is Unionized or Non-Unionized | Section IV.C: Determine if the Employee is Unionized or Non-Unionized]] | |||
{{Checkbox}} '''Employee or Contractor''': Determine whether the worker is an actual “employee” or an “independent contractor”. | |||
*See [[Preliminary Matters for Employment Law (9:IV)#D. Determine if the Worker is an Employee or Independent Contractor | Section IV.D: Determine if the Worker is an Employee or Independent Contractor]] | |||
== B. Determine the Issue == | |||
{{Checkbox}} Read through the common employment law issues and determine which issue(s) the employee is experiencing. | |||
*See [[Employment Law Issues (9:V) | Section V: Employment Issues]]. | |||
*If the issue respects termination of employment, complete the checklist located at [[Employment Law Issues (9:V)#1. Termination of Employment Checklist | Section V.C.1: Termination of Employment Checklist]] before returning to this list. | |||
== C. Determine the Remedy == | |||
{{Checkbox}} Determine the employee’s legal remedy based on the legal basis for the employee’s complaint: A breach of the Employment Standards Act will lead to a claim at the Employment Standards Branch; a breach of the Human Rights Code will lead to a complaint at the Human Rights Tribunal; and a breach of the employment contract, or one of its implied terms, will lead to a claim in Small Claims Court (for claims under $35,000 as of June 1, 2017) BC Supreme Court (for claims over $35,000 as of June 1, 2017), or the Civil Resolution Tribunal (for claims $5,000 or under). As of June 1, 2017, with several exceptions, civil claims of up to $5000 will no longer be dealt with in Small Claims Court – instead, they will be resolved in B.C.’s online Civil Resolution Tribunal. | |||
*See [[Remedies in Employment Law (9:VI) | Section VI: Remedies]]. | |||
*See [[Introduction to Small Claims (20:I) | Chapter 20: Small Claims]]. | |||
{{Checkbox}} Determine the claim’s limitation date. Ensure that you file the appropriate application on time. If you have missed the limitation date, look at what options you may have for late filing. | |||
*See [[Remedies in Employment Law (9:VI)#D. Limitation Periods | Section VI.D: Limitation Periods]]. | |||
{{Checkbox}} Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker, including any release agreements the employee may have signed. | |||
*See [[Strategies_and_Tips_for_Employment_Law_(9:VII) | Section VII.H: Defeating Signed Release Agreements]]. | |||
{{Checkbox}} Consider other strategies and tips offered. | |||
*See [[Strategies_and_Tips_for_Employment_Law_(9:VII) | Section VII: Strategies and Tips]]. | |||
{| class="wikitable" | {| class="wikitable" | ||
! colspan=" | ! colspan="6" | Forums for Employment Law Disputes | ||
|- | |- | ||
| | | | ||
| Employment Standards Branch | | '''Employment Standards Branch''' | ||
| Human Rights Tribunal | | '''Human Rights Tribunal''' | ||
| Small Claims Court | | '''Civil Resolution Tribunal''' | ||
| Supreme Court | | '''Small Claims Court''' | ||
| '''BC Supreme Court''' | |||
|- | |- | ||
| Costs | | '''Filing Costs''' | ||
| None | | None | ||
| None | | None | ||
| $100 for claims up to $3,000 $156 for claims over $3,000 | | $100 for claims up to $3,000; $150 for claims over $3,000 (waivers may be available) | ||
| $100 for claims up to $3,000; $156 for claims over $3,000 | |||
| $200 to file, plus additional costs for applications and trials exceeding 3 days | | $200 to file, plus additional costs for applications and trials exceeding 3 days | ||
|- | |- | ||
| Maximum Awards | | '''Maximum Awards''' | ||
| No maximum dollar amount, but generally award limited to amounts owed for past | | No maximum dollar amount, but generally award limited to amounts owed for past 12 months only (extended collection may be possible for vacation pay owing) - See ESA s.80 | ||
| No maximum | | No maximum | ||
| $ | | $5,000 | ||
| $35,000 (as of June 1, 2017) | |||
| No maximum | | No maximum | ||
|- | |- | ||
| | | '''Type of Claim''' | ||
| Statutory entitlements in the ESA (i.e. minimum wage, overtime, vacation pay, etc.) | | Statutory entitlements in the ESA (i.e. minimum wage, overtime, vacation pay, etc.) | ||
| Discrimination in employment or hiring | | Discrimination in employment or hiring or dismissal | ||
| Any term express or implied in the contract; wrongful dismissal | |||
| Any term express or implied in the contract; wrongful dismissal | | Any term express or implied in the contract; wrongful dismissal | ||
| Any term express or implied in the contract; wrongful dismissal | | Any term express or implied in the contract; wrongful dismissal | ||
|} | |} | ||
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