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Difference between revisions of "Checklist for Employment Law (9:III)"
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Checklist for Employment Law (9:III) (view source)
Revision as of 22:33, 29 December 2020
, 22:33, 29 December 2020→C. Determine the Remedy
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== C. Determine the Remedy == | == C. Determine the Remedy == | ||
{{Checkbox}} | {{Checkbox}} 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. | ||
*See [[Remedies in Employment Law (9:VI) | Section VI: Remedies]]. | *See [[Remedies in Employment Law (9:VI) | Section VI: Remedies]]. | ||
*See [[Chapter 20: Small Claims (20) | Chapter 20: Small Claims]]. | *See [[Chapter 20: Small Claims (20) | Chapter 20: Small Claims]]. | ||
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{{Checkbox}} Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker. | {{Checkbox}} Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker. | ||
*See [[Defeating Signed Release Agreements | Section VII.H: Defeating Signed Release Agreements]] | |||
{{Checkbox}} Consider the strategies and tips offered. | {{Checkbox}} Consider the strategies and tips offered. | ||