Difference between revisions of "Preliminary Matters for Employment Law (9:IV)"

Note that this chapter focuses on provincial legislation. In cases where the employee is federally-regulated, this chapter can still be of assistance as the provincial and federal statutes have many similarities, but it will be necessary to read the federal statutes to determine whether a particular provision is similar.  

Provincially regulated employees are generally covered by the ''Employment Standards Act'' [ESA] as updated by the Employment Standards Amendment Act.  

See [[Employment Law Issues (9:IV)#10. Exceptions to the General Rule (Specialty Professions) | V.A.10: Exceptions to the General Rule (Specialty Professions)]] to determine whether the ''ESA'' applies to the employee in question. See [[Employment Law Issues (9:IV)#6. Hours of Work and Overtime Pay | V.A.6: Hours of Work and Overtime Pay]] to determine if the employee is exempt from overtime.     

Provincially regulated employees who belong to a union are covered by the ''Labour Relations Code'' in addition to the ''ESA''.  However, some parts of the ESA do not apply to unionized employees.

For a discussion on the significance of the discretionary remedies for unjust dismissal available under the CLC, see the Supreme Court of Canada’s recent decision in ''Wilson v. Atomic Energy of Canada Ltd.'', 2016 SCC 29.

Provincially regulated employees are covered by the British Columbia ''Human Rights Code''. Federally regulated employees are covered by the Canada ''Human Rights Act''.  For more information on Human Rights claims: See [[Chapter 6: Human Rights (6) | Chapter 6: Human Rights]].

In addition to statutory entitlements, provincially and federally regulated employees have common law employment entitlements.  Causes of action, such as breach of contract due to wrongful dismissal, remain the same whether the employee is provincially or federally regulated.