5,109
edits
Difference between revisions of "Remedies in Employment Law (9:VI)"
From Clicklaw Wikibooks
Remedies in Employment Law (9:VI) (view source)
Revision as of 17:39, 16 August 2019
, 17:39, 16 August 2019→2. Filing a Claim with the Employment Standards Branch
| Line 21: | Line 21: | ||
=== 2. Filing a Claim with the Employment Standards Branch === | === 2. Filing a Claim with the Employment Standards Branch === | ||
A complainant may file their complaint with the Employment Standards Branch in one of three ways: | |||
*filling in a form and mailing or delivering it to the nearest Employment Standards Branch; | *filling in a form and mailing or delivering it to the nearest Employment Standards Branch; | ||
*filling in a form at the nearest Employment Standards Branch office; or | *filling in a form at the nearest Employment Standards Branch office; or | ||
*submitting an online complaint form. | *submitting an online complaint form. | ||
The Director may refuse to investigate a complaint if it is not made in good faith or if there is insufficient evidence to support it. The complainant may request, in writing, that any identifying information gathered for the purpose of the investigation remain confidential. However, the Director may disclose information if disclosure is deemed necessary to the proceeding or in the public interest (s 75). | The Director may refuse to investigate a complaint if it is not made in good faith or if there is insufficient evidence to support it. The complainant may request, in writing, that any identifying information gathered for the purpose of the investigation remain confidential. However, the Director may disclose information if disclosure is deemed necessary to the proceeding or in the public interest (s 75). | ||
| Line 52: | Line 50: | ||
Under Part 11 of the ''ESA'', an officer or director of a corporation is personally liable for up to two months’ unpaid wages per employee if the officer or director held office when the wages were earned or were payable – however, officers or directors of a corporation are not personally liable on bankruptcy of the corporation (s 96(2)). Also, directors and officers may be considered a common employer and be held jointly and severally liable (s 95). If the business is sold, transferred, or continued after bankruptcy, the subsequent business may be considered a successor business and “the employment of an employee is deemed ... to be continuous and uninterrupted” (s 97). | Under Part 11 of the ''ESA'', an officer or director of a corporation is personally liable for up to two months’ unpaid wages per employee if the officer or director held office when the wages were earned or were payable – however, officers or directors of a corporation are not personally liable on bankruptcy of the corporation (s 96(2)). Also, directors and officers may be considered a common employer and be held jointly and severally liable (s 95). If the business is sold, transferred, or continued after bankruptcy, the subsequent business may be considered a successor business and “the employment of an employee is deemed ... to be continuous and uninterrupted” (s 97). | ||
Under the | Under the ESA (s 80), employers’ liability for wages (including payments for length of service upon termination) can now include those wages that became payable within the twelve months prior to the date of the complaint, or within the twelve months prior to the date of the employee’s termination – whichever is earlier. However, because some benefits become payable long after they were earned, an employee may be able to recover those benefits that they earned more than twelve months prior to the date of the complaint or date on which they were terminated. For example, in some cases vacation pay is not payable until two years after it is earned; in these cases, an employee could potentially recover vacation pay that was earned over a longer period than the twelve month collection limitation period. Similarly, employees may be able to recover wages that were entered into a time bank more than twelve months prior to the date of the complaint. | ||
'''NOTE:''' Employers cannot terminate, suspend, or discipline employees because they have filed, or may file, a complaint (s 83). The Branch can order an employee’s reinstatement for contravention of this section and for violations of s 8 and Part 6. | '''NOTE:''' Employers cannot terminate, suspend, or discipline employees because they have filed, or may file, a complaint (s 83). The Branch can order an employee’s reinstatement for contravention of this section and for violations of s 8 and Part 6. | ||
