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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= | {{REVIEWED LSLAP | date= August 15, 2022}} | ||
{{LSLAP Manual TOC|expanded = employment}} | {{LSLAP Manual TOC|expanded = employment}} | ||
== A. Preliminary Matters == | == A. Preliminary Matters == | ||
{{Checkbox}} '''Jurisdiction:''' Determine whether the employee falls within provincial or federal jurisdiction | {{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]] | *See [[Preliminary Matters for Employment Law (9:IV)#A. Determine Federal or Provincial Jurisdiction | Section IV.A: Determine Federal or Provincial Jurisdiction]] | ||
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== C. Determine the Remedy == | == 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 | {{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 [[Remedies in Employment Law (9:VI) | Section VI: Remedies]]. | ||
*See [[Introduction to Small Claims (20:I) | Chapter 20: Small Claims]]. | *See [[Introduction to Small Claims (20:I) | Chapter 20: Small Claims]]. | ||
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| '''Civil Resolution Tribunal''' | | '''Civil Resolution Tribunal''' | ||
| '''Small Claims Court''' | | '''Small Claims Court''' | ||
| '''Supreme Court''' | | '''BC Supreme Court''' | ||
|- | |- | ||
| '''Filing Costs''' | | '''Filing Costs''' | ||
| Line 52: | Line 52: | ||
|- | |- | ||
| '''Maximum Awards''' | | '''Maximum Awards''' | ||
| No maximum dollar amount, but generally award limited to amounts owed for past 12 months only - See ESA s.80 | | 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 | | $5,000 | ||
| Line 60: | Line 60: | ||
| '''Type of Claim''' | | '''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 | ||
