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7/21/2019 Employment Law in British Columbia(1)
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{
Employment Law in
British ColumbiaP. Dawn Mills, PhD Law
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Common law Employment Contracts Employment Standards Act
Labour Relations Code
Human Rights Code
Workers Compensation Act
At least Five Legal Regimes
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Law made by judges
Contract law
Oral and Written
Express and Implied terms
Common Law
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Good faith and fidelity Confidential information and trade secrets
Competition with former employer
Duties may continue after employment ended
Fiduciaries owe special duties to the employer
Duties of Employee
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Contract of services employment
Contract for services contractor
How parties characterize relationship not
determinative!!
Relationship subject to review by courts and
government agencies (Canada RevenueAgency)
Employee vs. IndependentContractor
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Has the features of a contract and is governedby contract law and the common law ofcontracts
Judges will not enforce an employment contractif its clauses are set below EmploymentStandards legislation
Points to look out for:
Salary terms in relationship to expected hours
and benefits What is considered to be reasonable notice
Termination
Employment Contracts
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If no contract, reasonable notice Based on age, service, position and chances of
re-employment
Can range from 0 to 24 months or more
Includes benefit obligations (based on workingnotice)
Reasonable Notice
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Theft
Dishonesty
Conflict of interest
Wilful disobedience
Insubordination Incompetence
Absenteeism or lateness
Intoxication
Sexual harassment
Dismissal with Cause
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Unreasonable Notice
Constructive Dismissal
Wrongful Dismissal
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Unilateral change to fundamental term of
an employment contract
Constructive Dismissal
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Objective testConsider: Loss of status or employment
related prestige Reduction in remuneration Change in duties, reporting
relationships
Constructive Dismissal
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Consequences:
Allows employee to treatchange as dismissal
Resign and sue for wrongfuldismissal
Constructive Dismissal
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Applies to everyone in BC unless specificallyexempted
Exemptions from entire Act Professional engineers Union members
Exemptions from portions of the Act Managers High Technology Professionals Other Employees of High Technology
Companies
Employment Standards ActEmployment Standards Act
Employment Standards Act
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Sets minimum terms and conditions
deals with:
hours of work and overtime
leaves
vacation
statutory holidays severance
Employment Standards Act
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Governs relationship between employer and
unions
Deals with: How to unionize
Right to unionize
Collective bargaining obligations
Right to strike, lockout and picket How to decertify
Labour Relations Code
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Protects employees against discrimination
Number of protected grounds: age / sex / sexual orientation
race / religion
colour / ethnic origin
marital / family status disability
Conviction unrelated to employment
Human Rights Code