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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)
Revision as of 16:47, 29 August 2016
, 16:47, 29 August 2016→C. Determine the Remedy
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☑ Determine your legal remedy based on the legal basis for your 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 $25,000) or BC Supreme Court (for claims over $25,000). | ☑ Determine your legal remedy based on the legal basis for your 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 $25,000) or BC Supreme Court (for claims over $25,000). | ||
*See [[Remedies in Employment Law (9:V) | Section | *See [[Remedies in Employment Law (9:V) | Section VI: Remedies]]. | ||
☑ Ensure that you have not missed the limitation date to file a claim. | ☑ Ensure that you have not missed the limitation date to file a claim. | ||
*See [[Remedies in Employment Law (9:V)#D. Limitation Periods | Section | *See [[Remedies in Employment Law (9:V)#D. Limitation Periods | Section VI.D: Limitation Periods]]. | ||
☑ Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker. | ☑ Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker. | ||
☑ Consider the strategies and tips offered. | ☑ Consider the strategies and tips offered. | ||
*See [[Remedies in Employment Law (9:V)#E. Strategies and Tips | Section | *See [[Remedies in Employment Law (9:V)#E. Strategies and Tips | Section VII: Strategies and Tips]]. | ||
{| class="wikitable" | {| class="wikitable" | ||
| Line 51: | Line 51: | ||
| 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 | ||
