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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)
Revision as of 14:40, 18 August 2021
, 14:40, 18 August 2021→A. The Employment Standards Branch
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The ''ESA'' established the Employment Standards Branch to deal with complaints and to disseminate information about the Act to both employees and employers. The Employment Standards Branch is responsible for informing employers and employees of their rights under the ''ESA'', and for administrating all disputes arising under the Act. The Employment Standards Branch’s Industrial Relations Officers and Employment Standards Officers are trained to interpret the ''ESA'' and to assist both employers and employees with problems arising under the Act. Employees should be referred to the Employment Standards Branch if they have a complaint arising under the ''ESA''. | The ''ESA'' established the Employment Standards Branch to deal with complaints and to disseminate information about the Act to both employees and employers. The Employment Standards Branch is responsible for informing employers and employees of their rights under the ''ESA'', and for administrating all disputes arising under the Act. The Employment Standards Branch’s Industrial Relations Officers and Employment Standards Officers are trained to interpret the ''ESA'' and to assist both employers and employees with problems arising under the Act. Employees should be referred to the Employment Standards Branch if they have a complaint arising under the ''ESA''. | ||
In ''WG McMahon Canada Ltd v Mendonca'' ( | In ''WG McMahon Canada Ltd v Mendonca'' (1999), BCEST Decision No 386/99, the Employment Standards Tribunal set forth the “make whole remedy”, which permits the employee to receive compensation instead of reinstatement. The employee is essentially “made whole” financially by way of a compensation order, such that the employee would be in the same economic position he or she would have been in had the infraction not occurred. This is an extraordinary remedy but one which allows for significant compensation. The above case can be located on the [http://www.bcest.bc.ca Employment Standards Tribunal website]. | ||
Although the ''ESA'' also allows for reinstatement as a possible remedy, there are no published decisions in which it has actually been ordered. | Although the ''ESA'' also allows for reinstatement as a possible remedy, there are no published decisions in which it has actually been ordered. | ||