The definitive guide for human resources specialists and lawyers
This publication is essential for: labour and employment law practitioners and human resource specialists.
Current to: June 1, 2016
No other resource is available to bring you current, time-saving, and reliable answers to your employment standards issues in a convenient, one-volume format. This annually updated manual provides a practical, one-stop guide to the Employment Standards Act and Regulation. Designed specifically for employment law lawyers and human resources managers, this publication provides concise answers to employment standards issues, authoritative commentary, and coverage of recent court and tribunal decisions and legislative developments in British Columbia.
Written by leading practitioners in the area, Employment Standards in British Columbia—Annotated Legislation and Commentary fills an important gap. The authors bring the ever expanding body of tribunal and court decisions under control by judiciously selecting and succinctly summarizing the most significant decisions. They have opened up their extensive, accumulated knowledge of practice with helpful commentary on the key issues under the Act.
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Highlights of the 2016 Update
- Employment Standards Act and Regulations current to June 1, 2016, including revised provisions from the Administrative Tribunal Act that apply to the Employment Standards Tribunal, and alerts to forthcoming changes to minimum hourly wages, as well as the definition of "charity".
- annotations capture all significant new and reconsidered Tribunal decisions from June 1, 2015, to June 1, 2016. Some issues raised include:
- Part 1: under s. 4, agreement to a year maximum time to carry forward vacation time or forfeit was of no effect
- Part 2: executing a direct deposit form isn’t proof of a job offer under s. 8 intent is not required for there to be a breach under s. 12;
Part 3: under s. 21 “business costs” include bank fees for money transfer to pay wages
Part 4: s. 40 employers’ obligations to keep overtime records
Part 7: forfeiting vacation leave doesn’t lead to forfeiting vacation pay
Part 8: whether sleeping on the job warrants dismissal
Part 10: when employees suggest widespread contraventions, a delegate can launch an investigation; the consequence of not requesting reasons within the statutory time limit
Part 11: the timing and effect of corporate officer resignation on liability for wages; “disposal” can occur without money exchanging hands
Part 12: what explanations for failing to file in a timely manner will be successful in extending the time period for requesting an appeal under s. 109
Part 13: decision to hold an oral hearing rather than an investigation is at the discretion of the delegate; when delay in issuing a determination will violate the principles of natural justice; and the proper approach on judicial review of multiple administrative decisions
updated subject index
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CLEBC Legal Editor