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== C. Determine the Remedy ==
{{Checkbox}} ☑ Determine your the employee’s legal remedy based on the legal basis for your 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 $2535,000as of June 1, 2017) or BC Supreme Court (for claims over $2535,000as 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 new online Civil Resolution Tribunal.
*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.
{| class="wikitable"
! colspan="56" | Forums for Employment Law Disputes
|-
|
| '''Employment Standards Branch'''
| '''Human Rights Tribunal'''
| '''Civil Resolution Tribunal'''
| '''Small Claims Court'''
| '''Supreme Court'''
| 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
|-
| No maximum dollar amount, but generally award limited to amounts owed for past 6 months only
| No maximum
| $255,000| $35,000 (as of June 1, 2017)
| No maximum
|-
| 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