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Your definitive guide to employment standards issues in BC
This publication is essential for: labour and employment law practitioners and human resource specialists.
Current to: June 1, 2017
Employment Standards in British Columbia brings you current, time-saving, and reliable answers to your employment standards issues in a convenient, one-volume format.
In addition to setting out the full text of the Employment Standards Act and Employment Standards Regulation with overviews, annotations, and authoritative commentary, this manual fills an important gap. Written by seasoned practitioners, this is the only annually updated resource that brings the ever-expanding body of employment standards tribunal and court decisions under control by judiciously selecting and succinctly summarizing only the most significant decisions for your review. With Employment Standards in British Columbia, you will have access to the extensive, accumulated knowledge of BC’s leading employment law practitioners on key issues under the Act in one stop.
Highlights of the 2017 update
- annotations capture all significant new and reconsidered Employment Standards Tribunal decisions from June 1, 2016, to June 1, 2017. Some of the issues raised include:
- Part 1: under s. 2, an application with the primary focus of having the reconsideration panel effectively re-visit the original decision will not warrant reconsideration
- Part 2: a deposit that is not returned becomes a “payment” as contemplated in s. 10
- Part 3: inability to locate the employee after termination is not a defence to a contravention of s. 18
- Part 7: an employment agreement that purports to include vacation pay within commission wages contravenes s. 58
- Part 8: s. 65(1)(d) codifies the common law doctrine of frustration
- Part 10: the Director can refuse to adjudicate part of a complaint where one or more of the criteria listed in s. 76(3) is satisfied
- Part 11: taking over a company’s client contracts and the payment of its employees can constitute the disposal of a substantial part of the assets of the business for the purposes of s. 97 liability
- Part 13: the Director's failure to explain why it preferred the evidence of one party does not amount to a breach of natural justice
- Regulations: internal miscommunication resulting in delayed production of records does not absolve a party of liability under s. 46
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CLEBC Legal Editor
Jonathan M. Vogt