Difference between revisions of "Checklist for Employment Law (9:III)"
Desy Wahyuni (talk | contribs) |
|||
(13 intermediate revisions by 3 users not shown) | |||
Line 2: | Line 2: | ||
== A. Preliminary Matters == | == A. Preliminary Matters == | ||
− | |||
− | |||
− | + | {{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: | + | *See [[Preliminary Matters for Employment Law (9:IV)#A. Determine Federal or Provincial Jurisdiction | Section IV.A: Jurisdiction]] |
− | + | {{Checkbox}} '''Unionized or Non-Unionized''': Determine whether the employee is working in a union environment, and if so, whether the employment relationship is governed by a collective agreement, and whether the employee is in the bargaining unit covered by the collective agreement. | |
− | *See [[Preliminary Matters for Employment Law (9: | + | *See [[Preliminary Matters for Employment Law (9:IV)#C. Determine if the Employee is Unionized or Non-Unionized | Section IV.C: Unionized vs. Non-Unionized Employees]] |
+ | |||
+ | {{Checkbox}} '''Employee or Contractor''': Determine whether the worker is an actual “employee” or an “independent contractor”. | ||
+ | *See [[Preliminary Matters for Employment Law (9:IV)#D. Determine if the Worker is an Employee or Independent Contractor | Section IV.D: Employees vs. Independent Contractors]] | ||
== B. Determine the Issue == | == B. Determine the Issue == | ||
− | + | {{Checkbox}} Read through the common employment law issues and determine which issue(s) the employee is experiencing. | |
− | *See [[Employment Law Issues (9: | + | *See [[Employment Law Issues (9:V) | Section V: Employment Issues]]. |
− | *If the issue respects termination of employment, complete the checklist located at [[Employment Law Issues (9: | + | *If the issue respects termination of employment, complete the checklist located at [[Employment Law Issues (9:V)#1. Termination of Employment Checklist | Section V.C.1: Termination of Employment Checklist]] before returning to this list. |
== C. Determine the Remedy == | == C. Determine the Remedy == | ||
− | ☑ Determine | + | {{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: | + | *See [[Remedies in Employment Law (9:VI) | Section VI: Remedies]]. |
+ | *See [[Chapter 20: Small Claims (20) | Chapter 20: Small Claims]]. | ||
− | + | {{Checkbox}} Ensure that you have not missed the limitation date to file a claim. | |
− | *See [[Remedies in Employment Law (9: | + | *See [[Remedies in Employment Law (9:VI)#D. Limitation Periods | Section VI.D: Limitation Periods]]. |
− | + | {{Checkbox}} Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker. | |
− | + | {{Checkbox}} Consider the strategies and tips offered. | |
− | *See [[ | + | *See [[Strategies_and_Tips_for_Employment_Law_(9:VII) | Section VII: Strategies and Tips]]. |
{| class="wikitable" | {| class="wikitable" | ||
− | ! colspan=" | + | ! colspan="6" | Forums for Employment Law Disputes |
|- | |- | ||
| | | | ||
| '''Employment Standards Branch''' | | '''Employment Standards Branch''' | ||
| '''Human Rights Tribunal''' | | '''Human Rights Tribunal''' | ||
+ | | '''Civil Resolution Tribunal''' | ||
| '''Small Claims Court''' | | '''Small Claims Court''' | ||
| '''Supreme Court''' | | '''Supreme Court''' | ||
Line 42: | Line 45: | ||
| None | | None | ||
| None | | None | ||
− | | $100 for claims up to $3,000 $156 for claims over $3,000 | + | | $100 for claims up to $3,000; $150 for claims over $3,000 (waivers may be available) |
+ | | $100 for claims up to $3,000; $156 for claims over $3,000 | ||
| $200 to file, plus additional costs for applications and trials exceeding 3 days | | $200 to file, plus additional costs for applications and trials exceeding 3 days | ||
|- | |- | ||
Line 48: | Line 52: | ||
| No maximum dollar amount, but generally award limited to amounts owed for past 6 months only | | No maximum dollar amount, but generally award limited to amounts owed for past 6 months only | ||
| No maximum | | No maximum | ||
− | | $ | + | | $5,000 |
+ | | $35,000 (as of June 1, 2017) | ||
| No maximum | | No maximum | ||
|- | |- | ||
− | | ''' | + | | '''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 | ||
+ | | 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 | | Any term express or implied in the contract; wrongful dismissal | ||
|} | |} | ||
+ | |||
+ | |||
+ | {{REVIEWED LSLAP | date= June 28, 2019}} | ||
+ | {{LSLAP Manual Navbox|type=chapters8-14}} |
Latest revision as of 18:27, 23 November 2019
A. Preliminary Matters
□ Jurisdiction: Determine whether the employee falls within provincial or federal jurisdiction, and make a list of which statutes apply to the employee.
□ Unionized or Non-Unionized: Determine whether the employee is working in a union environment, and if so, whether the employment relationship is governed by a collective agreement, and whether the employee is in the bargaining unit covered by the collective agreement.
□ Employee or Contractor: Determine whether the worker is an actual “employee” or an “independent contractor”.
B. Determine the Issue
□ Read through the common employment law issues and determine which issue(s) the employee is experiencing.
- See Section V: Employment Issues.
- If the issue respects termination of employment, complete the checklist located at Section V.C.1: Termination of Employment Checklist before returning to this list.
C. Determine the Remedy
□ ☑ 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 Section VI: Remedies.
- See Chapter 20: Small Claims.
□ Ensure that you have not missed the limitation date to file a claim.
□ Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker.
□ Consider the strategies and tips offered.
Forums for Employment Law Disputes | |||||
---|---|---|---|---|---|
Employment Standards Branch | Human Rights Tribunal | Civil Resolution Tribunal | Small Claims Court | Supreme Court | |
Costs | None | None | $100 for claims up to $3,000; $150 for claims over $3,000 (waivers may be available) | $100 for claims up to $3,000; $156 for claims over $3,000 | $200 to file, plus additional costs for applications and trials exceeding 3 days |
Maximum Awards | No maximum dollar amount, but generally award limited to amounts owed for past 6 months only | No maximum | $5,000 | $35,000 (as of June 1, 2017) | No maximum |
Type of Claim | Statutory entitlements in the ESA (i.e. minimum wage, overtime, vacation pay, etc.) | Discrimination in employment or hiring | 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 |
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 28, 2019. |
© Copyright 2017, The Greater Vancouver Law Students' Legal Advice Society. |