Difference between revisions of "BC Human Rights Code (6:III)"

Employees may choose to file a complaint through the Employment Standards Branch (ESB) if their employer has breached the ''Employment Standards Act'' (see '''Chapter 6: Employment Law'''). There is a '''six-month limitation period''' from the date of the breach. A complainant can file claims in both the ESB and civil court (either Small Claims or Supreme Court) for employment-related issues, including wrongful dismissal. These actions do not bar the complainant from also bringing a human rights complaint relating to the same matter. Remedies awarded by the Employment Standards Tribunal are intended to make the employee “whole” financially by way of compensation rather than reinstatement. It is important to note that the ESB does not deal with alleged discrimination. If the employee recovers unpaid wages through the ESB, they cannot “double-recover” and seek these same damages in the BCHRT or another forum.