BLAW ASSIg

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School

University of British Columbia *

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621

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Law

Date

Apr 3, 2024

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docx

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3

Uploaded by CorporalNarwhal1452

Part III, Division XIV, Unjust Dismissal, sections 240(1) and (2), 241, 242(4), 243 Part I, Division II, section 9 (1) Applies to Federally Regulated employers, if the business falls within the categories listed in section 91 of the Constitution QUESTIONS re CANADA LABOUR CODE: 1-What right does section 240 give to an employee that has been dismissed? 2. How long does a person need to be employed before using section 240? 3. “Collective Agreement” refers to being in a union. Can an employee that is a member of a union use section 240? 4. What kind of written statement may a dismissed employee ask for from the employer? 5. How long does the employer have to provide the written statement requested by the employee? 6. What federal board or tribunal hears matters or complaints under this act? 7. Undersection 242(4), what powers does the board or tribunal have if it determines that an employee was unjustly dismissed? 8. Can a decision of that board or tribunal be appealed to the courts? PROVINCIAL EMPLOYMENT STANDARDS ACT [RSBC 1996] CHAPTER 113 Termination of Employment, sections 63(1), 63(2), 65(1) Part 10, sections 73.1, 74, 86.1, 86.2 Part 12, sections 102, 110(1) and (2), 112(1), 116 Applies to provincially regulated employers, if the business falls within the categories listed in section 92 of the Constitution QUESTIONS re EMPLOYMENT STANDARDS ACT (Provincial, BC). 9. What is the minimum amount of time an employee must be working before an employer is liable to pay severance or compensation? 10.How many weeks severance or compensation must the employer pay if terminating an employee after three years? 11.Based on section 65(1) what kind of employees would not be entitled to severance or compensation under the Act? 12.What powers does a director have under the Act? 13.What kinds of complaints can an employee make and what is the time limit? 14.Can constitutional (Charter) questions be dealt with by the director? 15.Can the director apply the Human Rights Code of BC? 16.On what grounds may a director’s decision be challenged? 17.What provincial board or tribunal hears appeals from a director’s decision? 18.Can the board or tribunal reconsider its’ own decision? 19.Cana decision of the board or tribunal be appealed to the courts? COMPARISON 20. Identify and explain at three differences between the federal legislat
20. Identify and explain at three differences between the federal legislation and the provincial legislation. 1. Section 240 of the Canada Labour Code gives an employee who has been unjustly dismissed the right to make a complaint to the Canada Industrial Relations Board. 2. There is no specific length of time an employee needs to be employed before using section 240. Any employee who has been unjustly dismissed may make a complaint to the Canada Industrial Relations Board. 3. Yes, an employee who is a member of a union can use section 240 of the Canada Labour Code to make a complaint to the Canada Industrial Relations Board. 4. A dismissed employee may ask for a written statement from the employer that sets out the reasons for their dismissal. 5. The employer must provide the written statement requested by the employee within 15 days of receiving the request. 6. The Canada Industrial Relations Board hears matters or complaints under the Canada Labour Code. 7. If the Canada Industrial Relations Board determines that an employee was unjustly dismissed, it may order the employer to reinstate the employee, pay compensation, or both. 8. Yes, a decision of the Canada Industrial Relations Board may be appealed to the Federal Court of Appeal. 9. In British Columbia, an employer is not required to pay severance or compensation unless the employee has been employed for at least 12 consecutive months. 10. In British Columbia, an employer must pay an employee who has been employed for three years or more, and who has been terminated without cause, one week's pay for each completed year of employment, to a maximum of eight weeks' pay. 11. Employees who are terminated for just cause, or who refuse an offer of reasonable alternative employment from the same employer, are not entitled to severance or compensation under section 65(1) of the BC Employment Standards Act. 12. A director under the BC Employment Standards Act has the power to make orders, issue determinations, and enforce compliance with the Act. 13. An employee can make complaints under the BC Employment Standards Act about wages, hours of work, overtime pay, statutory holidays, vacation pay, and termination pay. The time limit for making a complaint is six months after the last day of employment. 14. The director under the BC Employment Standards Act does not have the power to deal with constitutional (Charter) questions.
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