Employment Standards in British Columbia - Annotated Legislation and Commentary

Speedy, reliable answers to employment standards issues in BC

This publication is essential for: lawyers, employers, and other labour and employment advisors.

Current to: June 1, 2018

Employment law issues arise often in your clients’ workplace and even in your own. Employment Standards in British Columbia offers you succinct commentary and case annotations to accompany the full text of the Employment Standards Act and Employment Standards Regulation. This resource brings the ever-expanding body of employment standards tribunal and court decisions under control. Annually updated, seasoned practitioners judiciously select and summarize only the most significant new 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 today and be current on Employment Standards obligations! View a sample from this book!

Highlights of the 2018 update include:

• Employment Standards Amendment Act, 2018, including several amendments to the leave provisions of the Act

• annotations capture all significant new and reconsidered Employment Standards Tribunal decisions from June 1, 2017, to June 1, 2018. Some examples of the issues raised include:
  
  
• Part 1
  
  
• a determination of “employee” vs. “volunteer” must consider factors similar to those used in determining “employee” vs. “independent contractor”
  
  
• the imposition of a layoff, where there is no express or implied term in the employment contract permitting a layoff, constitutes a fundamental breach in the employment relationship
  
  
• an agreement purporting to release an employer from all liability relating to overtime pay is of no force and effect
  
  
• Part 4
  
  
• issues with tardiness, leaving early, or failure to work on the part of an employee do not limit the employee’s entitlement to overtime wages
  
  
• Part 8
  
  
• an employer who dismisses a probationary employee based on the employee’s “suitability” for continued employment cannot invoke s. 63(3)(c) to discharge liability to
  compensate for length of service
  
  
• agreeing on a probation period does not, by itself, establish a fixed-term contract for the purposes of s. 65(1)(b)
  
  
• Part 11:
  
  
  • the fact that someone is listed as a director, and does not act as one, does not relieve them of liability under s. 96

CLEBC Legal Editor 
Jonathan M. Vogt 
jvogt@cle.bc.ca