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Are provisions requiring employees to provide certain amount of notice before quitting, enforceable?
While there is no statutory law in British Columbia that requires that employees give notice of resignation, employees can be contractually obligated to give notice and even absent a contractual requirement there is a common law obligation in Canada that employees give notice. There's no fixed two week notice requirement, the amount of notice required ...
4
Is there a law regarding this?
The relevant law is the Employment Standards Act of British Columbia which only requires an employer to provide meal breaks for employees but not somewhere for them to eat their meal.
(1) An employer must ensure
(a) that no employee works more than 5 consecutive hours without a meal break, and
(b) that each meal break lasts ...
4
on behalf means that the party of the agreement is the landlord, not the property manager. The contract both entitles and obliges the landlord, not the property manager. The property manager is not a party of the contract.
So the fact that the property manager is fired completely unrelated to the existing contract.
Additionally, in most jurisdictions that I ...
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You probably would not be "obligated" to do anything. However your employer also would not be "obligated" to continue employment. If you agreed to something verbally, that is a contract. Verbal contracts can be difficult to enforce, but in this case the employer does not need to enforce it but rather take the easier solution of ...
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https://bchumanrights.ca/mask-poster/
Technically speaking is wearing masks a law, a health order or the store policy as a result of the health order?
Technically speaking it's a Ministerial Order made under the power delegated to the Minister by the Emergency Program Act R.S.B.C. 1996, c. 111, s. 10.
Can a customer be denied service or entry for not ...
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An employee is an agent of the employer when working and owes a duty of loyalty to the employer.
One of the obligations associated with a duty of loyalty is to refrain from receiving anything other than the employer authorized compensation for the work, rather than benefitting personally from work done on behalf of the employer.
By appropriating additional ...
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Yes, you can use it as evidence
Canada clearly requires what is called a one-party consent for recordings. Section 184(1) of the criminal code makes it a crime to "knowingly intercept a private communication." However, Section 184(2)(a), the "Saving Provision," says the prohibition "does not apply to":
(a) a person who has the ...
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BC employers are required to give workers three days of unpaid personal illness & injury leave per calendar year. However, this protection only applies to workers who have held a job for more than 90 days. If you have not held the job for that long, it does not appear that any protections apply to you. Note that (as of March 2021) there are separate ...
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Just to hit the specific point in the question beyond what @DaleM mentioned, judges have very broad discretion to continue hearings and extend deadlines that have not already expired upon the request of a party, except in a very narrow class of cases that provide otherwise.
The standard for doing so in the jurisdictions where I have practiced is "good ...
2
Subsection 12 of Rule 12 of british-columbia's Small Claims Rules identifies "What happens at a payment hearing?"
(12) At any payment hearing under these rules, evidence may be heard
about any of the following:
(a) the income and assets of the debtor;
(b) the debts owed to and by the debtor;
(c) any assets that the debtor has disposed of since the ...
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does this means he would have to wait 6 months before working at a job in a related field? Is this enforceable?
No. Although the last sentence appears to encompass the whole IT business in British Columbia, that naive provision would be voided as unreasonable and contrary to public policy. For that clause to be valid, (1) "direct competition" can ...
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Since the legal process has started, the defendant will have been served and there will be a record of their address (refer to the Supreme Court civil rules, part 4). That would be their lawyer if they are represented by a lawyer – I assume that's not the case in your scenario – or their address (any address, within 30 km of the registry, or failing that, ...
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The Civil Resolution Tribunal Act, SBC 2012, c 25 provides, in Part 6 — Enforcement of Tribunal Orders
Enforcement by filing in Supreme Court
57 (1) A final decision of the tribunal in relation to a claim
category, other than a tribunal small claim, may be enforced by
filing, in the Supreme Court, a validated copy of an order giving
effect to the final ...
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doesn't the first paragraph apply and it can be enforced it ASAP?
The first excerpt applies, but that does not mean that judgment is enforceable immediately. Section 56.1(2.1) reflects the possibility that "the default is set aside by the tribunal". This is likely to occur if the counterparty proves that a reasonable cause prevented him from ...
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what is the difference between tips and a gift?
Tip suggests a context services provided, where a customer feels satisfied enough to voluntarily give some extra compensation to the employee(s) who provided the service. See the definition of gratuity in the BC Employment Standards Act. The term gift is more general in that it does not need to involve a ...
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One particular issue. If
employees are at liberty to give 20% off discounts.
they are presumably expected to do this for the benefit of the customers, and for the benefit of the employer in that customers receiving the discount will be more likely to be repeat customers. Taking the discount for the employee's benefit sounds like unjust enrichment and ...
1
What do I need to do to cancel the hearing, or should I attend and
just say I was paid?
Both options would be acceptable. The latter would probably be easier, faster, and provide a means to get prompt express court approval for your actions.
For example what's the difference between a notice of withdrawal and
an acknowledgment of payment?
Withdrawal means ...
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Section 63 of the BC Employment Standards Act (ESA) provides that:
(1) After 3 consecutive months of employment, the employer becomes liable to pay an employee an amount equal to one week's wages as compensation for length of service.
(2) The employer's liability for compensation for length of service increases as follows:
(a) after 12 consecutive months of ...
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Is this legal? Is it legal to count to the minute without rounding?
Yes. It is legal as long as they comply with minimum wage laws. Usually it is not recommended because if they don't round they might be underpaying and subject to labour investigations, but they can do it properly and legally.
Must they tell me how they round, for example round to the ...
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Rule 16 of the Small Claims Rules states this...
Written proof of service
[...]
14(e) for personal service of a summons to a payment hearing, an
affidavit of service.
And Form 12 Summons to a Payment Hearing at Schedule B includes the Affidavit of Service which appears to give just two options...
Leaving a copy of it with him or her.
As directed by the ...
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In British Columbia this is governed by the Court Order Interest Act
There are too many whys and wherefores to give a definitive answer as when and on what interest is applicable varies and the rate changes over time and the rate can be agreed (e.g. in a contract) between the parties.
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No
If an employee works less than 3 months are they entitled to any notice before being fired without cause?
Ah! I see your confusion! Yes, they don’t need notice - that’s what probation means. However, they can’t be fired without cause. Probation doesn’t allow arbitrary dismissal.
Does it matter if they're given some kind of warning or explanation?
...
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Are provisions requiring employees to provide certain amount of notice before quitting, enforceable?
Even if a contract provided that two weeks notice must be given, or some other kind of notice must be given, under U.S. law, this would not be specifically enforceable (i.e. the only remedy would be money damages, not ordering the person to work), since specific performance of a contract to provide personal services is a form of involuntary servitude barred ...
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§88 gives an exhaustive list of legal ways to deliver the written notice. Each and every one of them involves delivery of a physical piece of paper, including fax transmission to a number provided by a recipient. Apart from direct hand-over, ordinary mail is acceptable so registered mail is not required. Email and phone-based messaging do not constitute ...
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Section 73 of the British Columbia's Liquor Control and Licensing Act is the relevant law...
Unlawful possession or consumption of liquor
s.73(1) A person must not consume liquor, or possess liquor in an open
container, in a place other than
(a) a residence,
(b) a private place,
(c) a service area in respect of which a licence, authorization or
permit ...
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