New answers tagged british-columbia
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australia
It's undecided
There is no law in Australia on the matter of tips: no legislation, no case law, no modern awards - nothing, nada, zilch.
There is a little bit of English law from the 19th century that is probably good law in Australia and a little bit from the 20th and 21st that probably isn't because Australia's employment law diverged ...
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Is it illegal for a store employee to do this with payment?
It depends on employer's consent. The reason here is not fiduciary duty, but the principle of [employer's] freedom of contract. I assume the employer's policy of cash refusal is lawful and I will not address that item.
Fiduciary duty is not at stake here, since it is not clear that the arrangements ...
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Does an employer have a responsibility to provide a safe work environment to the extent of doing something about aggressive customers?
Yes. Your description reflects that the employer's/managers' recklessness or gross negligence is in violation of the British Columbia Occupational Health and Safety Regulation.
Sections 4.27 et seq of the Regulation require ...
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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 ...
1
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 ...
3
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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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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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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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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