Checklist for Employment Law (9:III)
A. Preliminary Matters
□ Jurisdiction: Determine whether the employee falls within provincial or federal jurisdiction, and make a list of which statutes apply to the employee.
□ Unionized or Non-Unionized: Determine whether the employee is working in a union environment, and if so, whether the employment relationship is governed by a collective agreement, and whether the employee is in the bargaining unit covered by the collective agreement.
□ Employee or Contractor: Determine whether the worker is an actual “employee” or an “independent contractor”.
B. Determine the Issue
□ Read through the common employment law issues and determine which issue(s) the employee is experiencing.
- See Section V: Employment Issues.
- If the issue respects termination of employment, complete the checklist located at Section V.C.1: Termination of Employment Checklist before returning to this list.
C. Determine the Remedy
□ 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 Section VI: Remedies.
□ Ensure that you have not missed the limitation date to file a claim.
□ 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.
| Forums for Employment Law Disputes | ||||
|---|---|---|---|---|
| Employment Standards Branch | Human Rights Tribunal | Small Claims Court | Supreme Court | |
| Costs | None | None | $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 |
| Maximum Awards | No maximum dollar amount, but generally award limited to amounts owed for past 6 months only | No maximum | $25,000 | No maximum |
| Type of Claim | Statutory entitlements in the ESA (i.e. minimum wage, overtime, vacation pay, etc.) | 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 |
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