Checklist for Employment Law (9:III): Difference between revisions
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Checklist for Employment Law (9:III) (view source)
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 21, 2024}} | ||
{{LSLAP Manual TOC|expanded = employment}} | {{LSLAP Manual TOC|expanded = employment}} | ||
== A. Preliminary Matters == | == A. Preliminary Matters == | ||
{{Checkbox}} '''Jurisdiction:''' Determine whether the employee falls within provincial or federal jurisdiction | {{Checkbox}} '''Jurisdiction:''' Determine whether the employee falls within provincial or federal jurisdiction and make a list of which statutes apply to the employee. | ||
*See [[Preliminary Matters for Employment Law (9:IV)#A. Determine Federal or Provincial Jurisdiction | Section IV.A: Determine Federal or Provincial Jurisdiction]] | *See [[Preliminary Matters for Employment Law (9:IV)#A. Determine Federal or Provincial Jurisdiction | Section IV.A: Determine Federal or Provincial Jurisdiction]] | ||
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== C. Determine the Remedy == | == C. Determine the Remedy == | ||
{{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 | {{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 several 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 [[ | *See [[Introduction to Small Claims (20:I) | Chapter 20: Small Claims]]. | ||
{{Checkbox}} Determine the claim’s limitation date. Ensure that you file the appropriate application on time. If you have missed the limitation date, look at what options you may have for late filing. | {{Checkbox}} Determine the claim’s limitation date. Ensure that you file the appropriate application on time. If you have missed the limitation date, look at what options you may have for late filing. | ||
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| '''Civil Resolution Tribunal''' | | '''Civil Resolution Tribunal''' | ||
| '''Small Claims Court''' | | '''Small Claims Court''' | ||
| '''Supreme Court''' | | '''BC Supreme Court''' | ||
|- | |- | ||
| '''Filing Costs''' | | '''Filing Costs''' | ||
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|- | |- | ||
| '''Maximum Awards''' | | '''Maximum Awards''' | ||
| No maximum dollar amount, but generally award limited to amounts owed for past 12 months only - See ESA s.80 | | No maximum dollar amount, but generally award limited to amounts owed for past 12 months only (extended collection may be possible for vacation pay owing) - See ESA s.80 | ||
| No maximum | | No maximum | ||
| $5,000 | | $5,000 | ||
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| '''Type of Claim''' | | '''Type of Claim''' | ||
| Statutory entitlements in the ESA (i.e. minimum wage, overtime, vacation pay, etc.) | | Statutory entitlements in the ESA (i.e. minimum wage, overtime, vacation pay, etc.) | ||
| Discrimination in employment or hiring | | Discrimination in employment or hiring or dismissal | ||
| Any term express or implied in the contract; wrongful dismissal | | Any term express or implied in the contract; wrongful dismissal | ||
| Any term express or implied in the contract; wrongful dismissal | | Any term express or implied in the contract; wrongful dismissal |