Employment Standards
Employers’ Obligations to Seasonal Employees
Employers in the tourism industry often employ seasonal employees during peak times. Though the BC Employment Standards Act (the “Act”) does not, for the most part, distinguish between seasonal and permanent employees, there are some important exceptions. Further, even when the Act applies equally to seasonal and other employees, the nature of seasonal employment, often during busy periods, may lead some employers to inadvertently overlook their legal obligations to such employees.
Uniforms and Special Clothing
You want your employees to look sharp, so you provide them with attractive and safe clothing. But whose responsibility is it to clean and maintain this work clothing?
Employment Standards Act Made Simple
For provincially regulated, non-unionized tourism employers, the Employment Standards Act of British Columbia (“ESA” or the “Act”) is probably the most important and frequently referenced piece of employment legislation. The purpose of this legislation is to provide the minimum standards, legal rights and responsibilities of both employers and employees.
Changes to Unpaid Leave Periods in British Columbia
Amendments to the Employment Standards Act (ESA) in 2019 and 2020 have introduced new job protected leave periods as set out below.
Averaging Agreements
Section 37 of the Employment Standards Act allows employees and employers to agree on work schedules that are irregular and that would otherwise attract overtime. As a tourism employer, you might find that averaging agreements provide a degree of flexibility and related cost savings.
Defining Discrimination and the Proscribed Grounds
Discrimination occurs when individuals or groups of people are judged or treated differently on the basis of certain characteristics or stereotypes rather than on the basis of their individual merits or abilities.
RV and Campground Hosts: Volunteer or Employee?
Public and private RV park and campground operators often rely on the assistance provided by volunteers as an affordable means of providing better service to campers. Such volunteer positions are sometimes referred to as “Hosts”.
Appeal Processes
The Employment Standards Tribunal is an independent body from the Employment Standards Branch. The Branch is an investigative body, whereas the Tribunal is an adjudicative/judicial body. Employers or employees who are dissatisfied with determinations made at the Branch level may appeal to the Tribunal.
Termination of Employment, Notice and Pay in Lieu of Notice
Upon the termination of employment, an employee is entitled to notice or payment in lieu of notice. Employers must be aware of their obligations. A failure to comply with the minimum notice standards under the Employment Standards Act can lead to further, increased damages against you.
Who is Covered By the ESA
The Employment Standards Act (ESA) governs the employment relationship between most employers and employees in BC. However, there are important exceptions with which you should become familiar.