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

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 to file a claim (ESA s 74). Applications to the B.C. Human Rights Tribunal must be made within one year of the alleged contravention or the last day of employment (HRC s 22). 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 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.

 

Note that in cases where an employer has provided working notice of dismissal, the limitation period for wrongful dismissal claims likely start when working notice is provided, not on the last day of employment.  See Bailey v. Milo-Food & Agricultural Infrastructure & Services Inc. 2017 ONCA 1004