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Difference between revisions of "Preliminary Matters for Employment Law (9:IV)"
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Preliminary Matters for Employment Law (9:IV) (view source)
Revision as of 16:49, 29 August 2016
, 16:49, 29 August 2016→A. Determine Jurisdiction
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== A. Determine Jurisdiction == | == A. Determine Jurisdiction == | ||
Employees are subject to either federal or provincial employment legislation. | |||
This section will help you determine whether the employee is covered by federal or provincial jurisdiction, and which statutes apply. | |||
=== 1. Federal or Provincial Jurisdiction === | === 1. Federal or Provincial Jurisdiction === | ||
Federal Jurisdiction | |||
Employees will fall under federal jurisdiction if they are employed in connection with any federal work, undertaking, or business that is within the legislative authority of Parliament, or if they work for certain federal crown corporations. This can be a complicated constitutional question, but generally, areas of business that are federally regulated include: | Employees will fall under federal jurisdiction if they are employed in connection with any federal work, undertaking, or business that is within the legislative authority of Parliament, or if they work for certain federal crown corporations. This can be a complicated constitutional question, but generally, areas of business that are federally regulated include: | ||
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Students must look to the type of work done, as well as the employer’s area of business, in order to determine jurisdiction. It is important to note that a single employer could have both federally and provincially regulated employees. Although an employer may be subject to federal jurisdiction, it does not follow that all of that employer’s employees will be governed by federal law. In some cases, additional research must be done to determine the employee’s jurisdiction. For additional details to assist in determining jurisdiction if a difficult case arises, see ''Actton Transport Ltd v British Columbia (Director of Employment Standards)'', 2008 BCSC 1495. | Students must look to the type of work done, as well as the employer’s area of business, in order to determine jurisdiction. It is important to note that a single employer could have both federally and provincially regulated employees. Although an employer may be subject to federal jurisdiction, it does not follow that all of that employer’s employees will be governed by federal law. In some cases, additional research must be done to determine the employee’s jurisdiction. For additional details to assist in determining jurisdiction if a difficult case arises, see ''Actton Transport Ltd v British Columbia (Director of Employment Standards)'', 2008 BCSC 1495. | ||
One action students can take to help determine jurisdiction is to perform a BC Online company search. While not always determinative, a company search will provide information regarding whether the company is provincially registered, which may help determine jurisdiction. In addition, a company search will usually provide the company’s director and registered office information. | One action students can take to help determine jurisdiction is to perform a BC Online company search. While not always determinative, a company search will provide information regarding whether the company is provincially registered, which may help determine jurisdiction. In addition, a company search will usually provide the company’s director and registered office information. | ||
Provincial Jurisdiction | |||
Employees who are not within the scope of federal legislation generally fall under provincial jurisdiction and accordingly their employment is governed by provincial legislation. | |||
== B. Determine Applicable Legislation == | == B. Determine Applicable Legislation == | ||