Remedies in Employment Law (9:VI): Difference between revisions
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If an employee or potential employee has been discriminated against on the basis of one or more of the prohibited grounds, see Chapter 6: Human Rights, [[BC_Human_Rights_Code_(6:III)#C. The Complaint Process | Section III.C: The Complaint Process]] for information on how to proceed with a complaint. If the employee was terminated from their position based on one of the prohibited grounds, they may be able to recover lost wages and compensation for injury to dignity, feeling, and self respect at the Human Rights Tribunal. | If an employee or potential employee has been discriminated against on the basis of one or more of the prohibited grounds, see Chapter 6: Human Rights, [[BC_Human_Rights_Code_(6:III)#C. The Complaint Process | Section III.C: The Complaint Process]] for information on how to proceed with a complaint. If the employee was terminated from their position based on one of the prohibited grounds, they may be able to recover lost wages and compensation for injury to dignity, feeling, and self respect at the Human Rights Tribunal. | ||
The employee also has the option to file a claim in Small Claims Court or BC Supreme Court for wrongful dismissal: See [[Employment Law Issues (9:IV)#E. Termination of Employment | Section IV. | The employee also has the option to file a claim in Small Claims Court or BC Supreme Court for wrongful dismissal: See [[Employment Law Issues (9:IV)#E. Termination of Employment | Section IV.D: Termination of Employment]] for information on wrongful dismissal claims. | ||
In most cases, the employee should choose one of these two options, based on which would provide the most compensation. For low-income employees who were employed for a short period of time, the Human Rights Tribunal can often provide greater compensation. However, in some cases where the employee has worked for the employer for a particularly long time before being terminated, or where the employer has demonstrated particularly egregious conduct, the employee may have better success in Small Claims Court or BC Supreme Court where they may be able to receive a larger severance award, and possibly punitive damages. | In most cases, the employee should choose one of these two options, based on which would provide the most compensation. For low-income employees who were employed for a short period of time, the Human Rights Tribunal can often provide greater compensation. However, in some cases where the employee has worked for the employer for a particularly long time before being terminated, or where the employer has demonstrated particularly egregious conduct, the employee may have better success in Small Claims Court or BC Supreme Court where they may be able to receive a larger severance award, and possibly punitive damages. |