Checklist for Employment Law (9:III)

From Clicklaw Wikibooks

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.

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.

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