Difference between revisions of "Causes of Action (20:App G)"

The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as special adjudicative bodies have been created to rule on these types of claims and have exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon the termination of an employee. The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. This is because an employee who is an "employee" under employment standards legislation will be entitled to the benefit of the statutory minimum notice provisions (['https://www.canlii.org/en/bc/bcsc/doc/1989/1989canlii2778/1989canlii2778.html?searchUrlHash=AAAAAQBVU3VsZW1hbiB2LiBCcml0aXNoIENvbHVtYmlhIFJlc2VhcmNoIENvdW5jaWwgKDE5ODkpLCAzOCBCLkMuTC5SLiAoMmQpIDIwOCAoQi5DLiBTLkMuKQAAAAAB&resultIndex=1|''Suleman v. British Columbia Research Council'' (1989), 38 B.C.L.R. (2d) 208 (B.C. S.C.)]; reversed on other grounds [https://www.canlii.org/en/bc/bcca/doc/1990/1990canlii746/1990canlii746.html|(1990), 52 B.C.L.R. (2d) 138 (B.C. C.A.)]. See '''Chapter 9: Employment Law''' for more details.