Difference between revisions of "Governing Legislation and Resources for Employment Law (9:II)"
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Revision as of 22:23, 29 December 2020
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 26, 2020. |
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: http://www.laws.justice.gc.ca/eng/acts/L-2/index.html
- 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
- 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 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
- 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
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 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
- 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
- Human Rights Code, RSBC l996, c 210, deals with discrimination in employment, among other things. Website: http://www.bclaws.ca/Recon/document/ID/freeside/00_96210_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
- 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
3. Provincial Legislation – Contractors
- Builder’s Lien Act, SBC l997, c 45, provides that a builder may file a lien against property for work and materials put into that property and sets out the procedure for filing a lien. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/97045_01
- Repairers Lien Act, RSBC l996, c 404, states that a repairer may put a lien on chattel for work and materials put into that chattel. Website: http://www.bclaws.ca/civix/document/id/complete/statreg/96404_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
4. 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).
5. 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 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/toc
- 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
- 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
- Lawyer Greg Gowe publishes the Canadian Workplace Law WebSource which tracks developments and cases in Canadian labour and employment law. Mr. Gowe updates the blog regularly. The WebSource is published online at: http://www.greggowe.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
Referrals
Employment Standards Branch (Employees in Provincial Jurisdiction)
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The other Branch in the Lower Mainland is located in Langley
Employment Standards General Inquiry Line
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Labour Relations Board
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Employment and Social Development Canada, Labour Program
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Canada Industrial Relations Board
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Employment Standards Tribunal of British Columbia
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B.C. Human Rights Tribunal
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Workers’ Compensation Board of B.C. (WorkSafeBC - Head Office)
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Canadian Human Rights Commission – British Columbia and Yukon
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West Coast Domestic Workers’ Association
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