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Difference between revisions of "Remedies in Employment Law (9:VI)"
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Remedies in Employment Law (9:VI) (view source)
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== B. Small Claims Court == | == B. Small Claims Court == | ||
For information on how to proceed with a claim in Small Claims Court, see [[ | For information on how to proceed with a claim in Small Claims Court, see [[Introduction to Small Claims (20:I) | Chapter 20: Small Claims Court]]. | ||
The Small Claims approach can often yield better results than claims filed with the Employment Standards Branch, particularly for cases involving termination of employment or payment of wages. For example, the ''ESA'' only requires an employer to pay one week’s wages per year of service notice to a maximum of 8 weeks for dismissal without just cause, whereas a common law award could extend to as much as 24 months’ wages. The Employment Standards Branch is also only able to award back-pay of up to six months, thus the client may wish to pursue a remedy in Small Claims Court if he or she is owed more than six months’ back pay. It may also be in the employee’s best interest to pursue certain claims through the Employment Standards Branch and others in Small Claims Court. However, keep in mind that civil court will not rule on a matter that is to be decided by the Branch. | The Small Claims approach can often yield better results than claims filed with the Employment Standards Branch, particularly for cases involving termination of employment or payment of wages. For example, the ''ESA'' only requires an employer to pay one week’s wages per year of service notice to a maximum of 8 weeks for dismissal without just cause, whereas a common law award could extend to as much as 24 months’ wages. The Employment Standards Branch is also only able to award back-pay of up to six months, thus the client may wish to pursue a remedy in Small Claims Court if he or she is owed more than six months’ back pay. It may also be in the employee’s best interest to pursue certain claims through the Employment Standards Branch and others in Small Claims Court. However, keep in mind that civil court will not rule on a matter that is to be decided by the Branch. | ||