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The Employment Standards Branch encourages employees
and employers to solve problems without immediate government
intervention. If the parties cannot resolve their problem
themselves, the Branch will try to facilitate a resolution
or, if necessary, will issue a decision.
Complaint Resolution Steps:
1. Understanding rights and
responsibilities
The Employment Standards Act and Regulation
set out minimum workplace standards for most employees
in British Columbia. Some professionals are exempt from
all or part of the Act and there are a number of employee
groups and industries where special employment standards
rules apply.
Information about employment standards, including a
guide to the Act and factsheets on various subjects,
is available from any Employment Standards Branch office
or on the Branch website.
The Act sets a six-month time limit for filing complaints.
It also sets a six-month limit on the time period the
Branch can examine to see whether an employer owes money
to an employee.
2. Resolving problems without
immediate government intervention.
The Employment Standards Branch encourages employers
and employees to try to resolve disputes over the payment
of wages or other issues by using a Self-Help Kit. This
enables employees to:
- Determine whether the Employment Standards Act applies
to their situation;
- Assess whether their employer is contravening the
Act;
- Calculate how much money is owed;
- Ask their employer to pay money owing or make changes
required under the Act.
The Self-Help Kit takes the employee through a step-by-step
process of defining the problem and identifying the
desired solution. At the end of the process, the employee
makes a written request to the employer to pay money
owing or to otherwise comply with the Act.
If the employer agrees with the employee's request,
money can be paid directly to the employee. At this
point the matter is resolved.
If an employer and an employee fail to agree or if
an employer does not respond, an employee can make a
complaint to the Employment Standards Branch.
In certain unusual circumstances, an employee will
not be required to use the Self-Help Kit. Examples are:
- The employer's business is closed;
- The matter involves a person under the age of 19;
- The complaint is related to a leave provision of
the Act (pregnancy, parental, bereavement, compassionate
care, family responsibility or jury duty);
- The employee is a farm worker, garment or textile
worker, or domestic;
- The employee has significant language or comprehension difficulties; or
- The employee has already sent a letter to the employer
attempting to resolve the issue.
3. Filing a Complaint
Employment standards complaints must be in writing
and can be made by mail, fax, in person or online. The
complainant should supply any available evidence that
relates to the complaint. Once a complaint is accepted,
the Branch will notify the employer. The Branch will
also advise the employer what information to provide
in order to dispute the complaint. If the employer resolves
the complaint at this point and pays any money owing,
no further action will be taken on the complaint.
4. Dispute Resolution
Employment Standards Branch staff will review the complaint
and the evidence that has been provided. It is the responsibility
of the complainant and the employer to provide any evidence
or information that the Branch requires. This could
include payroll information, records of hours worked
and wages paid, and documentation of disciplinary actions.
If it appears the dispute can be resolved through mediation,
a mediation session will be arranged, to be held in
person or by teleconference.
If the parties agree on a solution, the officer conducting
the mediation will help the parties to draft a "Settlement
Agreement" that both the complainant and the employer
will sign. The agreement is then binding on the parties
and can be registered in Supreme Court and enforced
as a judgment of the Court.
Even if the meeting does not resolve the dispute, it
will help the parties narrow down the issues and establish
which facts are agreed upon and which are in dispute.
5. Employment Standards Branch
Adjudication
If the complaint is not resolved through mediation,
the Branch will either investigate further or schedule
an adjudication hearing. If a hearing is scheduled,
both parties will be required to attend along with any
necessary witnesses.
After the hearing, the Branch will issue a decision
called a Determination. If the Determination finds that
money is payable or that the employer has contravened
the Act, it will include one or more mandatory penalties.
If an employer does not pay the amount ordered, the
Determination can be filed in Court and enforced as
a judgment of the Court. This may include turning the
matter over to a Court Bailiff for collection.
6. Appeals
A Determination can be appealed to the Employment Standards
Tribunal. More information on appeals is available at
www.bcest.bc.ca on the
Internet.
Ministry of Labour
Employment Standards Branch
Province of British Columbia
This factsheet has been prepared for general information
purposes. It is not a legal document. Please refer to
the Employment Standards Act and Regulation for
purposes of interpretation and application of the law.
February 2010
For more information, please contact the Employment
Standards Branch.
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