Difference between revisions of "Governing Legislation and Resources for Employment Law (9:II)"

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{{REVIEWED LSLAP | date= August 26, 2020}}
{{REVIEWED LSLAP | date= August 1, 2023}}
{{LSLAP Manual TOC|expanded = employment}}
{{LSLAP Manual TOC|expanded = employment}}


== Employment and Wrongful Dismissal Legislation ==
== A. Employment and Wrongful Dismissal Legislation ==


=== 1. Federal Legislation ===
=== 1. Federal Legislation ===


*''Canada Labour Code'', RSC 1985, c L-2, sets out minimum employment standards for federal employees including standards governing collective bargaining and occupational health and safety.  There are three general parts to the Act: Part I: Industrial Relations, Part II: Occupational Health and Safety, and Part III: Standard Hours, Wages, Vacations and Holidays.  Website: http://www.laws.justice.gc.ca/eng/acts/L-2/index.html
*''Canada Labour Code'', RSC 1985, c L-2, sets out minimum employment standards for federal employees including standards governing collective bargaining and occupational health and safety.  There are three general parts to the Act: Part I: Industrial Relations, Part II: Occupational Health and Safety, and Part III: Standard Hours, Wages, Vacations and Holidays.  Website: https://laws-lois.justice.gc.ca/eng/acts/l-2/


*''Canadian Human Rights Act'', RSC 1985, c H-6, covers discrimination in the workplace and the procedure for adjudication before the Canadian Human Rights Commission. Website: http://www.laws.justice.gc.ca/eng/acts/h-6
*''Canadian Human Rights Act'', RSC 1985, c H-6, covers discrimination in the workplace and the procedure for adjudication before the Canadian Human Rights Commission. Website: https://laws-lois.justice.gc.ca/eng/acts/h-6/


*''Employment Equity Act'', RSC 1995, c 44, helps achieve equality in the workplace with particular attention to inequalities that exist for women, Aboriginal peoples, persons with disabilities, and visible minorities. Website: http://www.laws.justice.gc.ca/eng/acts/e-5.401/
*''Employment Equity Act'', RSC 1995, c 44, helps achieve equality in the workplace with particular attention to inequalities that exist for women, Aboriginal peoples, persons with disabilities, and visible minorities. Website: https://laws-lois.justice.gc.ca/eng/acts/E-5.401/index.html


*''Employment Insurance Act'', RSC 1996, c 23, outlines the requirements and qualifications for Employment Insurance. Website: http://www.laws.justice.gc.ca/eng/acts/E-5.6  
*''Employment Insurance Act'', RSC 1996, c 23, outlines the requirements and qualifications for Employment Insurance. Website: https://laws-lois.justice.gc.ca/eng/acts/e-5.6/


*''Personal Information Protection and Electronic Documents Act'', RSC 2000, c 5, protects personal information collected and distributed electronically for employees in federal jurisdiction. Website: http://www.laws.justice.gc.ca/eng/p-8.6
*''Personal Information Protection and Electronic Documents Act'', RSC 2000, c 5, protects personal information collected and distributed electronically for employees in federal jurisdiction. Website: https://laws-lois.justice.gc.ca/ENG/ACTS/P-8.6/index.html


=== 2. Provincial Legislation – Employees ===
=== 2. Provincial Legislation – Employees ===


*''Employment Standards Act'', RSBC l996, c 113, (''ESA'') sets out minimum employment standards for provincial employees. On May 30, 2019, the Employment Standards Amendment Act received Royal Assent, and amendments set out therein are now in force. Website: http://www.bclaws.ca/civix/document/id/consol22/00_96113_01  
*''Employment Standards Act'', RSBC l996, c 113, (''ESA'') sets out minimum employment standards for provincial employees. On May 30, 2019, the Employment Standards Amendment Act received Royal Assent, and amendments set out therein are now in force. Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96113_01


*''Employment Standards Regulation'', BC Reg 396/95, includes provisions on scope of coverage and the penalty regime. Website: http://www.bclaws.ca/civix/document/id/loo97/loo97/396_9511_396_95
*''Employment Standards Regulation'', BC Reg 396/95, includes provisions on scope of coverage and the penalty regime. Website: http://www.bclaws.ca/civix/document/id/loo97/loo97/396_95


*''Wills, Estates, and Succession Act'', ss 175-180 deals with deceased workers’ wages. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/09013_01#division_d2e13620
*''Wills, Estates, and Succession Act'', ss 175-180 deals with deceased workers’ wages. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/09013_01#division_d2e13620
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*''Labour Relations Code'', RSBC 1996, c 244, deals with union membership, collective bargaining, and the role of the Labour Relations Board. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/96244_01
*''Labour Relations Code'', RSBC 1996, c 244, deals with union membership, collective bargaining, and the role of the Labour Relations Board. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/96244_01


*''Workers’ Compensation Act'', RSBC l996, c 492, governing Act of the Workers’ Compensation Board. Website: http://www.bclaws.ca/civix/document/id/lc/statreg/96492_00
*''Workers’ Compensation Act'', RSBC 2019, c 1, governing Act of the Workers’ Compensation Board. Website: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19001_00


*''Personal Information Protection Act'', SBC 2003, c 63, sets out ground rules for how private sector and not-for-profit organizations may collect, use, or disclose information about an individual. Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_03063_01
*''Personal Information Protection Act'', SBC 2003, c 63, sets out ground rules for how private sector and not-for-profit organizations may collect, use, or disclose information about an individual. Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_03063_01


*''Apology Act'' [SBC 2006] CHAPTER 19 addresses some circumstances where a claimant is seeking an apology from his former employer.  Employers can be cautious about making an apology in case the apology attracts liability.  This concern can be addressed by providing an apology in accordance with the Apology Act, which specifically separates an apology from an acknowledgement of liability. Website: http://www.bclaws.ca/civix/document/id/consol18/consol18/00_06019_01
*''Apology Act'', SBC 2006, c 19, addresses some circumstances where a claimant is seeking an apology from their former employer.  Employers can be cautious about making an apology in case the apology attracts liability.  This concern can be addressed by providing an apology in accordance with the Apology Act, which specifically separates an apology from an acknowledgement of liability. Website: http://www.bclaws.ca/civix/document/id/consol18/consol18/00_06019_01


=== 3. Provincial Legislation – Contractors ===
=== 3. Provincial Legislation – Contractors ===
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*''Woodworker Lien Act'', RSBC l996, c 491, states that a woodworker may put a lien on logs or timber for work done or services performed. Website: http://www.bclaws.ca/civix/document/id/consol26/consol26/00_96491_01
*''Woodworker Lien Act'', RSBC l996, c 491, states that a woodworker may put a lien on logs or timber for work done or services performed. Website: http://www.bclaws.ca/civix/document/id/consol26/consol26/00_96491_01


== Resources ==
== B. Resources ==


=== 4. Books ===
=== 1. Books ===


*Howard A Levitt. ''The Law of Dismissal in Canada'', (Aurora, Ont: Canada Law Book, 2003). This textbook is used by Employment Standards Branch staff.
*Howard A Levitt. ''The Law of Dismissal in Canada'', (Aurora, Ont: Canada Law Book, 2003). This textbook is used by Employment Standards Branch staff.
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*Ellen E Mole. ''The Wrongful Dismissal Handbook'', Second Edition (Scarborough: Butterworths, 2005).
*Ellen E Mole. ''The Wrongful Dismissal Handbook'', Second Edition (Scarborough: Butterworths, 2005).


=== 5. Other Resources ===
=== 2. Other Resources ===


*The Continuing Legal Education Society of BC holds an Employment Law conference each year. Papers are published on topics of current interest, and can be found at most law libraries, or online for those with a subscription at: http://online.cle.bc.ca/
*The Continuing Legal Education Society of BC holds an Employment Law conference each year. Papers are published on topics of current interest, and can be found at most law libraries, or online for those with a subscription at: http://online.cle.bc.ca/
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*The Employment Standards Branch publishes the Employment Standards Act Interpretation Guidelines Manual. The Manual sets out the ESB`s interpretation of the Act and Regulations. The manual is published online at: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm
*The Employment Standards Branch publishes the Employment Standards Act Interpretation Guidelines Manual. The Manual sets out the ESB`s interpretation of the Act and Regulations. The manual is published online at: https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/forms-resources/igm


*LexisNexis Quicklaw publishes Canada Wrongful Dismissal Quantums. Canada Wrongful Dismissal Quantums summarizes wrongful dismissal awards organized according to occupation and duration of employment.  The Quantums are available online to those with a subscription at http://www.lexisnexis.com/ca/legal
*Lexis Advance Quicklaw publishes Canada Wrongful Dismissal Quantums, which summarizes wrongful dismissal awards organized according to occupation and duration of employment.  The Quantums are available online to those with a subscription at https://advance.lexis.com/api/permalink/0d69f961-3512-4e11-a43e-15a0e8f7cdf7/?context=1505209


*Carswell hosts an online Wrongful Dismissal Database.  The database calculates average notice period awards from precedential cases.  Reports can be purchased individually or by subscription.  The database is accessible online at: http://www.wrongfuldismissaldatabase.com
*Carswell hosts an online Wrongful Dismissal Database.  The database calculates average notice period awards from precedential cases.  Reports can be purchased individually or by subscription.  The database is accessible online at: http://www.wrongfuldismissaldatabase.com
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*vLex Canada provides a free Bardal factor calculator. By inputting your employment information, the service will provide you with some caselaw similar to your circumstances and estimate a range of reasonable notice periods. The tool can be found here: Website: http://www.bardalfactors.ca/whats-reasonable
*vLex Canada provides a free Bardal factor calculator. By inputting your employment information, the service will provide you with some caselaw similar to your circumstances and estimate a range of reasonable notice periods. The tool can be found here: Website: http://www.bardalfactors.ca/whats-reasonable


== Referrals ==
== C. Referrals ==


=== Employment Standards Branch (Employees in Provincial Jurisdiction) ===
=== Employment Standards Branch (Employees in Provincial Jurisdiction) ===
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| online = [http://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Website]
| online = [http://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards Website]
}}
}}
The other Branch in the Lower Mainland is located in Langley
The other Branch in the Lower Mainland is located in Langley.


=== Employment Standards General Inquiry Line ===
=== Employment Standards General Inquiry Line ===
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=== Employment and Social Development Canada, Labour Program ===
=== Employment and Social Development Canada, Labour Program ===


{{ResourcesLSLAP_addressphone
{{ResourcesLSLAP
| address = 11 – 300 West Georgia Street <br /> Vancouver, B.C.  V6B 6G3
| address = 11 – 300 West Georgia Street <br /> Vancouver, B.C.  V6B 6G3
| phone = (604) 872-4384 <br /> Toll Free: 1-800-641-4049 <br /> Emergency: 1-800-641-4049 <br /> Fax: (604) 666-3166
| phone = (604) 872-4384 <br /> Toll-Free: 1-800-641-4049 <br /> Emergency: 1-800-641-4049 <br /> Fax: (604) 666-3166
| online = [Website: https://www.canada.ca/en/employment-social-development/corporate/portfolio/labour.html]
| online = [https://www.canada.ca/en/employment-social-development/corporate/portfolio/labour.html Website]
}}
}}


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{{ResourcesLSLAP
{{ResourcesLSLAP
| address = Suite 650 Oceanic Plaza <br /> 1066 West Hastings Street <br /> Vancouver, B.C. V6E 3X1
| address = Suite 650 Oceanic Plaza <br /> 1066 West Hastings Street <br /> Vancouver, B.C. V6E 3X1
| phone = (604) 775-3512 <br /> Fax: (604) 775-3372
| phone = (604) 775-3512 <br /> Information Line: (250) 612-4100 <br/> Toll-free: 1-800-663-3316 <br/> Fax: (604) 775-3372
| online = [http://www.bcest.bc.ca Website] <br /> E-mail: registrar.est@bcest.bc.ca
| online = [http://www.bcest.bc.ca Website] <br /> E-mail: registrar.est@bcest.bc.ca
}}
}}
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{{ResourcesLSLAP_phoneonline
{{ResourcesLSLAP_phoneonline
| phone = Toll-free: 1-888-214-1090
| phone = Toll-free: 1-888-214-1090
| online = [http://www.chrc-ccdp.ca Website]
| online = [https://www.chrc-ccdp.gc.ca/en Website]
}}
}}


=== West Coast Domestic Workers’ Association ===
=== Migrant Workers Centre ===


{{ResourcesLSLAP
{{ResourcesLSLAP
| address = 302 – 119 West Pender Street <br /> Vancouver, B.C. V6B 1S5
| address = 302 – 119 West Pender Street <br /> Vancouver, B.C. V6B 1S5
| phone = 604-669-4482 <br /> Toll-free: 1-888-669-4482 <br /> Fax: (604) 669-6456
| phone = 604-669-4482 <br /> Toll-free: 1-888-669-4482 <br /> Fax: (604) 669-6456
| online = [http://www.wcdwa.ca Website] <br /> E-mail: info@wcdwa.ca
| online = [https://mwcbc.ca/ Website] <br /> E-mail: info@wcdwa.ca
}}
}}


{{LSLAP Manual Navbox|type=chapters8-14}}
{{LSLAP Manual Navbox|type=chapters8-14}}

Latest revision as of 19:40, 29 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
9. Employment Law
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Checklist
 · IV. Preliminary Matters
 · V. Employment Issues
 · VI. Remedies
 · VII. Strategies and Tips

 · Appendix A: Glossary
v • d • e



A. Employment and Wrongful Dismissal Legislation

1. Federal Legislation

  • Canada Labour Code, RSC 1985, c L-2, sets out minimum employment standards for federal employees including standards governing collective bargaining and occupational health and safety. There are three general parts to the Act: Part I: Industrial Relations, Part II: Occupational Health and Safety, and Part III: Standard Hours, Wages, Vacations and Holidays. Website: https://laws-lois.justice.gc.ca/eng/acts/l-2/

2. Provincial Legislation – Employees

  • Apology Act, SBC 2006, c 19, addresses some circumstances where a claimant is seeking an apology from their former employer. Employers can be cautious about making an apology in case the apology attracts liability. This concern can be addressed by providing an apology in accordance with the Apology Act, which specifically separates an apology from an acknowledgement of liability. Website: http://www.bclaws.ca/civix/document/id/consol18/consol18/00_06019_01

3. Provincial Legislation – Contractors

B. Resources

1. Books

  • Howard A Levitt. The Law of Dismissal in Canada, (Aurora, Ont: Canada Law Book, 2003). This textbook is used by Employment Standards Branch staff.
  • Malcolm Mackillop. Damage Control: An Employer’s Guide to Just Cause Termination, (Aurora, Ont: Canada Law Book, 1997).
  • Ellen E Mole. The Wrongful Dismissal Handbook, Second Edition (Scarborough: Butterworths, 2005).

2. Other Resources

  • The Continuing Legal Education Society of BC holds an Employment Law conference each year. Papers are published on topics of current interest, and can be found at most law libraries, or online for those with a subscription at: http://online.cle.bc.ca/
  • Carswell hosts an online Wrongful Dismissal Database. The database calculates average notice period awards from precedential cases. Reports can be purchased individually or by subscription. The database is accessible online at: http://www.wrongfuldismissaldatabase.com
  • vLex Canada provides a free Bardal factor calculator. By inputting your employment information, the service will provide you with some caselaw similar to your circumstances and estimate a range of reasonable notice periods. The tool can be found here: Website: http://www.bardalfactors.ca/whats-reasonable

C. Referrals

Employment Standards Branch (Employees in Provincial Jurisdiction)

Online Website
Address Lower Mainland Regional Office
250 – 4600 Jacombs Road
Richmond, B.C. V6V 3B1
Phone (604) 660-4946
Fax: (604) 713-0450


The other Branch in the Lower Mainland is located in Langley.

Employment Standards General Inquiry Line

Online Website
Phone (Prince George): (250) 612-4100
(Rest of B.C.): 1-800-663-3316
Fax: (250) 612-4121


Labour Relations Board

Online Website
Address (Union Enquiries: Provincial Jurisdiction)
Suite 600 Oceanic Plaza
1066 West Hastings Street
Vancouver, B.C. V6E 3X1
Phone (604) 660-1300
Fax: (604) 660-1892


Employment and Social Development Canada, Labour Program

Online Website
Address 11 – 300 West Georgia Street
Vancouver, B.C. V6B 6G3
Phone (604) 872-4384
Toll-Free: 1-800-641-4049
Emergency: 1-800-641-4049
Fax: (604) 666-3166


Canada Industrial Relations Board

Online Website
Address (Union Enquiries: Federal Jurisdiction)
Western Region Office
Suite 501, 300 West Georgia Street
Vancouver, B.C. V6B 6B4
Phone (604) 666-6002
Toll-free: 1-800-575-9696
Fax: (604) 666-6071


Employment Standards Tribunal of British Columbia

Online Website
E-mail: registrar.est@bcest.bc.ca
Address Suite 650 Oceanic Plaza
1066 West Hastings Street
Vancouver, B.C. V6E 3X1
Phone (604) 775-3512
Information Line: (250) 612-4100
Toll-free: 1-800-663-3316
Fax: (604) 775-3372


B.C. Human Rights Tribunal

Online Website
E-mail: BCHumanRightsTribunal@gov.bc.ca
Address 1170 – 605 Robson Street
Vancouver, B.C. V6B 5J3
Phone (604) 775-2000
TTY: (604) 775-2021
Toll-free (in B.C.): 1-888-440-8844
Fax: (604) 775-2020


Workers’ Compensation Board of B.C. (WorkSafeBC - Head Office)

Online Website
Address Main Building
6951 Westminster Highway
Richmond, B.C. V7C 1C6
Phone 604-276-3143


Canadian Human Rights Commission – British Columbia and Yukon

Online Website
Phone Toll-free: 1-888-214-1090


Migrant Workers Centre

Online Website
E-mail: info@wcdwa.ca
Address 302 – 119 West Pender Street
Vancouver, B.C. V6B 1S5
Phone 604-669-4482
Toll-free: 1-888-669-4482
Fax: (604) 669-6456



v • d • e
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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