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Difference between revisions of "Governing Legislation and Resources for Employment Law (9:II)"
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Governing Legislation and Resources for Employment Law (9:II) (view source)
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*''Employment Standards Act'', RSBC l996, c 113, (''ESA'') sets out minimum employment standards for provincial employees. On May 30, 2019, the Employment Standards Amendment Act received Royal Assent, and amendments set out therein are now in force. Website: http://www.bclaws.ca/civix/document/id/consol22/00_96113_01 | *''Employment Standards Act'', RSBC l996, c 113, (''ESA'') sets out minimum employment standards for provincial employees. On May 30, 2019, the Employment Standards Amendment Act received Royal Assent, and amendments set out therein are now in force. Website: http://www.bclaws.ca/civix/document/id/consol22/00_96113_01 | ||
*''Employment Standards Regulation'', BC Reg 396/95, includes provisions on scope of coverage and the penalty regime. Website: http://www.bclaws.ca/civix/document/id/loo97/loo97/ | *''Employment Standards Regulation'', BC Reg 396/95, includes provisions on scope of coverage and the penalty regime. Website: http://www.bclaws.ca/civix/document/id/loo97/loo97/396_95 | ||
*''Wills, Estates, and Succession Act'', ss 175-180 deals with deceased workers’ wages. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/09013_01#division_d2e13620 | *''Wills, Estates, and Succession Act'', ss 175-180 deals with deceased workers’ wages. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/09013_01#division_d2e13620 | ||
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*''Personal Information Protection Act'', SBC 2003, c 63, sets out ground rules for how private sector and not-for-profit organizations may collect, use, or disclose information about an individual. Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_03063_01 | *''Personal Information Protection Act'', SBC 2003, c 63, sets out ground rules for how private sector and not-for-profit organizations may collect, use, or disclose information about an individual. Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_03063_01 | ||
*''Apology Act'' | *''Apology Act'', SBC 2006, c 19, addresses some circumstances where a claimant is seeking an apology from their former employer. Employers can be cautious about making an apology in case the apology attracts liability. This concern can be addressed by providing an apology in accordance with the Apology Act, which specifically separates an apology from an acknowledgement of liability. Website: http://www.bclaws.ca/civix/document/id/consol18/consol18/00_06019_01 | ||
=== 3. Provincial Legislation – Contractors === | === 3. Provincial Legislation – Contractors === | ||
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*''Woodworker Lien Act'', RSBC l996, c 491, states that a woodworker may put a lien on logs or timber for work done or services performed. Website: http://www.bclaws.ca/civix/document/id/consol26/consol26/00_96491_01 | *''Woodworker Lien Act'', RSBC l996, c 491, states that a woodworker may put a lien on logs or timber for work done or services performed. Website: http://www.bclaws.ca/civix/document/id/consol26/consol26/00_96491_01 | ||
== Resources == | == B. Resources == | ||
=== | === 1. Books === | ||
*Howard A Levitt. ''The Law of Dismissal in Canada'', (Aurora, Ont: Canada Law Book, 2003). This textbook is used by Employment Standards Branch staff. | *Howard A Levitt. ''The Law of Dismissal in Canada'', (Aurora, Ont: Canada Law Book, 2003). This textbook is used by Employment Standards Branch staff. | ||
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*Ellen E Mole. ''The Wrongful Dismissal Handbook'', Second Edition (Scarborough: Butterworths, 2005). | *Ellen E Mole. ''The Wrongful Dismissal Handbook'', Second Edition (Scarborough: Butterworths, 2005). | ||
=== | === 2. Other Resources === | ||
*The Continuing Legal Education Society of BC holds an Employment Law conference each year. Papers are published on topics of current interest, and can be found at most law libraries, or online for those with a subscription at: http://online.cle.bc.ca/ | *The Continuing Legal Education Society of BC holds an Employment Law conference each year. Papers are published on topics of current interest, and can be found at most law libraries, or online for those with a subscription at: http://online.cle.bc.ca/ | ||
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*The Employment Standards Branch publishes the Employment Standards Act Interpretation Guidelines Manual. The Manual sets out the ESB`s interpretation of the Act and Regulations. The manual is published online at: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm | *The Employment Standards Branch publishes the Employment Standards Act Interpretation Guidelines Manual. The Manual sets out the ESB`s interpretation of the Act and Regulations. The manual is published online at: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm | ||
* | *Lexis Advance Quicklaw publishes Canada Wrongful Dismissal Quantums. Canada Wrongful Dismissal Quantums summarizes wrongful dismissal awards organized according to occupation and duration of employment. The Quantums are available online to those with a subscription at https://advance.lexis.com/api/permalink/0d69f961-3512-4e11-a43e-15a0e8f7cdf7/?context=1505209 | ||
*Carswell hosts an online Wrongful Dismissal Database. The database calculates average notice period awards from precedential cases. Reports can be purchased individually or by subscription. The database is accessible online at: http://www.wrongfuldismissaldatabase.com | *Carswell hosts an online Wrongful Dismissal Database. The database calculates average notice period awards from precedential cases. Reports can be purchased individually or by subscription. The database is accessible online at: http://www.wrongfuldismissaldatabase.com | ||
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*vLex Canada provides a free Bardal factor calculator. By inputting your employment information, the service will provide you with some caselaw similar to your circumstances and estimate a range of reasonable notice periods. The tool can be found here: Website: http://www.bardalfactors.ca/whats-reasonable | *vLex Canada provides a free Bardal factor calculator. By inputting your employment information, the service will provide you with some caselaw similar to your circumstances and estimate a range of reasonable notice periods. The tool can be found here: Website: http://www.bardalfactors.ca/whats-reasonable | ||
== Referrals == | == C. Referrals == | ||
=== Employment Standards Branch (Employees in Provincial Jurisdiction) === | === Employment Standards Branch (Employees in Provincial Jurisdiction) === | ||
