Difference between revisions of "Remedies in Employment Law (9:VI)"

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Remedies in Employment Law (9:VI) (view source)

Revision as of 21:44, 12 August 2019

1,381 bytes removed ,  21:44, 12 August 2019
removed self help kit
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'''NOTE:''' Time during which an employee was not working because he or she was on sick leave, pregnancy leave, Workers’ Compensation benefits,  etc. is nonetheless considered part of the term of employment.  
'''NOTE:''' Time during which an employee was not working because he or she was on sick leave, pregnancy leave, Workers’ Compensation benefits,  etc. is nonetheless considered part of the term of employment.  


=== 2. The Employment Standards Branch Self-Help Kit ===
=== 2. Filing a Claim with the Employment Standards Branch ===
 
Complainants must first use a “Self-Help Kit” as a means of weeding out complaints that do not need to be filed. In the Kit, the claimant must  first contact his or her employer with a written explanation for their claim and how much they want as compensation. The employer then has a chance to reply. If there is a still a conflict between the two, or the employer does not reply, the claimant can then file a complaint with the Employment Standards Branch. The Employment Standards Branch will generally not accept a complaint unless it has written proof that the complainant has tried to solve the problem using the Kit. In a limited number of circumstances, complainants do not first have to use the Kit. These exceptions include where the complaint is related to a leave provision of the ''ESA'' (e.g. pregnancy leave), or the complainant is a farm worker, textile worker, garment worker, or domestic worker. Links to the list of exceptions, and the self-help kit, found at: http://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/factsheets/filing-a-complaint.
 
Complainants who have less than 30 days remaining until the end of the six month limitation period should first file their complaint with the Employment Standards Branch and then use the Self-Help Kit.
 
=== 3. Filing a Claim with the Employment Standards Branch ===


After completing the Self-Help Kit, the complainant may file their complaint with the Employment Standards Branch in one of three ways:  
After completing the Self-Help Kit, the complainant may file their complaint with the Employment Standards Branch in one of three ways:  
LSLAP
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