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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)
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== C. Determine the Remedy == | == C. Determine the Remedy == | ||
{{Checkbox}} Determine | {{Checkbox}} ☑ Determine the employee’s legal remedy based on the legal basis for the employee’s 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 $35,000 as of June 1, 2017) BC Supreme Court (for claims over $35,000 as of June 1, 2017), or the Civil Resolution Tribunal (for claims $5,000 or under). As of June 1, 2017, with a number of exceptions, civil claims of up to $5000 will no longer be dealt with in Small Claims Court – instead, they will be resolved in B.C.’s new online Civil Resolution Tribunal. | ||
*See [[Remedies in Employment Law (9:VI) | Section VI: Remedies]]. | *See [[Remedies in Employment Law (9:VI) | Section VI: Remedies]]. | ||
*See [[Chapter 20: Small Claims (20) | Chapter 20: Small Claims]]. | |||
{{Checkbox}} Ensure that you have not missed the limitation date to file a claim. | {{Checkbox}} Ensure that you have not missed the limitation date to file a claim. | ||
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{| class="wikitable" | {| class="wikitable" | ||
! colspan=" | ! colspan="6" | Forums for Employment Law Disputes | ||
|- | |- | ||
| | | | ||
| '''Employment Standards Branch''' | | '''Employment Standards Branch''' | ||
| '''Human Rights Tribunal''' | | '''Human Rights Tribunal''' | ||
| '''Civil Resolution Tribunal''' | |||
| '''Small Claims Court''' | | '''Small Claims Court''' | ||
| '''Supreme Court''' | | '''Supreme Court''' | ||
| Line 43: | Line 45: | ||
| None | | None | ||
| None | | None | ||
| $100 for claims up to $3,000 $156 for claims over $3,000 | | $100 for claims up to $3,000; $150 for claims over $3,000 (waivers may be available) | ||
| $100 for claims up to $3,000; $156 for claims over $3,000 | |||
| $200 to file, plus additional costs for applications and trials exceeding 3 days | | $200 to file, plus additional costs for applications and trials exceeding 3 days | ||
|- | |- | ||
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| No maximum dollar amount, but generally award limited to amounts owed for past 6 months only | | No maximum dollar amount, but generally award limited to amounts owed for past 6 months only | ||
| No maximum | | No maximum | ||
| $ | | $5,000 | ||
| $35,000 (as of June 1, 2017) | |||
| No maximum | | No maximum | ||
|- | |- | ||
| Line 55: | Line 59: | ||
| 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 | ||
| Any term express or implied in the contract; wrongful dismissal | |||
| Any term express or implied in the contract; wrongful dismissal | | Any term express or implied in the contract; wrongful dismissal | ||
| Any term express or implied in the contract; wrongful dismissal | | Any term express or implied in the contract; wrongful dismissal | ||
