Difference between revisions of "Remedies in Employment Law (9:VI)"

It is possible to have the employee’s job reinstated by making a claim under the ''Human Rights Code''. This is a significant remedy in itself, and it can also be used to incentivize a former employer to make a fair settlement offer, as they often do not wish for the employee to return.

If a client wishes to file a complaint with the Employment Standards Branch, there is a six-month limitation period from the last day of  employment (ESA s 74). Applications to the B.C. Human Rights Tribunal must be made within six months of the alleged contravention (HRC s 22). It is possible for this deadline to be extended if it is found that it is in the public interest to accept the complaint, and no substantial prejudice will result to any person because of the delay; however, it is rare for this to occur. In the courts, there was formerly a six-year limitation period for pure economic loss arising from breach of contract (wrongful dismissal would qualify); this limitation period continues to apply for any wrongful dismissal claims that arose before June 1, 2013. For wrongful dismissals occurring on or after June 1, 2013, the new ''Limitation Act'' applies, and there is instead a two-year limitation period (See ''Limitation Act'', SBC 2012, c 13). Section 124 of the ''ESA'' sets a limitation period of two years for any court action arising from an offence under the act.