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 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 online Civil Resolution Tribunal.
□ 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||Civil Resolution Tribunal||Small Claims Court||Supreme Court|
|Costs||None||None||$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|
|Maximum Awards||No maximum dollar amount, but generally award limited to amounts owed for past 6 months only||No maximum||$5,000||$35,000 (as of June 1, 2017)||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||Any term express or implied in the contract; wrongful dismissal|
|© Copyright 2017, The Greater Vancouver Law Students' Legal Advice Society.|