Anonymous

Difference between revisions of "Checklist for Employment Law (9:III)"

From Clicklaw Wikibooks
Line 23: Line 23:
{{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 a number of 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.   
{{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 a number of 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 [[Remedies in Employment Law (9:VI) | Section VI: Remedies]].  
*See [[Chapter 20: Small Claims (20) | Chapter 20: Small Claims]].
*See [[Chapter 20: 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.
{{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.