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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 looking for Employment Standards Act guidance.
Current to: June 1, 2017
As the nature of work evolves in our society, you will be increasingly asked by clients to resolve existing and new employment standards issues. Keep your knowledge up to date with Employment Standards in British Columbia. In addition to providing annotations for the full text of the Employment Standards Act and Employment Standards Regulation, this manual fills an important gap. This publication uniquely brings the ever-expanding body of employment standards tribunal and court decisions under control. Seasoned practitioners judiciously select and summarize only the most significant recent decisions for your review.
With this resource, you will be able to:
- easily find the general principles and leading cases relating to any particular section of the Act
- competently advise your clients as to their employment standards rights or employers’ best practices
- keep current with any significant changes or developments in employment standards law
Buy your copy and maintain your employment law expertise today!
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