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Difference between revisions of "Remedies in Employment Law (9:VI)"
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Remedies in Employment Law (9:VI) (view source)
Revision as of 16:31, 8 June 2016
, 16:31, 8 June 2016→2. The Employment Standards Branch Self-Help Kit
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=== 2. The Employment Standards Branch Self-Help Kit === | === 2. The Employment Standards Branch Self-Help Kit === | ||
Complainants must first use a “Self-Help Kit” as a means of weeding out complaints that do not need to be filed. In the Kit, the claimant must first contact his or her employer with a written explanation for their claim and how much they want as compensation. The employer then has a chance to reply. If there is a still a conflict between the two, or the employer does not reply, the claimant can then file a complaint with the Employment Standards Branch. The Employment Standards Branch will generally not accept a complaint unless it has written proof that the complainant has tried to solve the problem using the Kit. In a limited number of circumstances, complainants do not first have to use the Kit. These exceptions include where the complaint is related to a leave provision of the ''ESA'' (e.g. pregnancy leave), or the complainant is a farm worker, textile worker, garment worker, or domestic worker. Links to the list of exceptions, and the self-help kit, can be found on the | Complainants must first use a “Self-Help Kit” as a means of weeding out complaints that do not need to be filed. In the Kit, the claimant must first contact his or her employer with a written explanation for their claim and how much they want as compensation. The employer then has a chance to reply. If there is a still a conflict between the two, or the employer does not reply, the claimant can then file a complaint with the Employment Standards Branch. The Employment Standards Branch will generally not accept a complaint unless it has written proof that the complainant has tried to solve the problem using the Kit. In a limited number of circumstances, complainants do not first have to use the Kit. These exceptions include where the complaint is related to a leave provision of the ''ESA'' (e.g. pregnancy leave), or the complainant is a farm worker, textile worker, garment worker, or domestic worker. Links to the list of exceptions, and the self-help kit, can be found on the [http://www.labour.gov.bc.ca/esb/facshts/complaint.htm Employment Standards Branch’s Filing a Complaint fact sheet]. | ||
Complainants who have less than 30 days remaining until the end of the six month limitation period should first file their complaint with the Employment Standards Branch and then use the Self-Help Kit. | Complainants who have less than 30 days remaining until the end of the six month limitation period should first file their complaint with the Employment Standards Branch and then use the Self-Help Kit. | ||
3.Filing a Claim with the Employment Standards | === 3.Filing a Claim with the Employment Standards Branch === | ||
After completing the Self-Help Kit, the complainant may file their complaint with the Employment Standards Branch in one of three ways: | |||
*filling in a form and mailing or delivering it to the nearest Employment Standards Branch (available here: htp://www.labour.gov.bc.ca/esb/forms/pdf/complaint.pdf); | |||
*filling in a form at the nearest Employment Standards Branch office; or | |||
