Today, the BC Employment Standards Coalition is releasing our latest report: Justice Denied: The Systemic Failure to Enforce BC Employment Standards.
This report exposes the failure of the BC Employment Standards Branch to effectively and efficiently enforce the Employment Standards Act. Because of this failure, thousands of BC workers are being denied their rights under the law. Over 80% of workers in the private sector in BC have no other employment rights relating to wages, benefits, and other basic working conditions than those provided in the Employment Standards Act.
This report tells the story of:
- Lengthy delays in the resolution of complaints.
- A continued primary focus on the administration of a complaints-based system.
- The failure of the Branch to proactively investigate employers, industries, and sectors with a history of Employment Standards Act violations.
- The barriers to employees in having their complaints addressed.
- The suppression of complaints.
- Employer bias in Branch practices and procedures.
- Procedural unfairness in complaint investigation and adjudication.
- The inadequacy of Branch budgets and staff resources to provide effective enforcement of the Act.
The findings and recommendations are based on a historical review of the activities of the Employment Standards Branch; Ministry of Labour reports, staffing resources, and budgets; employment standards review reports; Employment Standards Tribunal decisions; and case files from workers’ organizations.
We urge the B.C. government to improve the working lives of British Columbians who are the victims of wage theft and the denial of legislated rights. Specifically, the report provides the following seven recommendations:
- Increase Employment Standards Branch annual funding by at least $14 million.
- Reinstate proactive investigations into problem industries and sectors, like agriculture; construction; hospitality; restaurant/food services; caregiving, including in-home care, long-term care homes, and daycares; food processing; building maintenance services; and retail.
- Proactively investigate and address the widespread misclassification of workers as independent contractors, such as in the gig economy.
- Collect and disburse all monies found to be owed to workers.
- Shorten wait times to ensure complaints are acted upon and investigated within 90 days of the receipt of the complaint.
- Ensure procedural fairness in the handling of complaints by clearly setting out and making publicly available expected timelines for each step in the complaints process, increasing communication between the ESB and complainants during the process, and providing specific training to employment standards Officers regarding their duties as administrative decision makers.
- Increase the monetary value of penalties and award a penalty for each violation that impacts every employee of an employer to deter employers from repeat offenses and to create an environment of compliance.
The BC Employment Standards Coalition brings together organizations, advocates, and workers in a campaign for employment standards legislation that provides decent wages, working conditions, respect, and dignity for all workers in the province of British Columbia.
BC EMPLOYMENT STANDARDS COALITION
4778 Fernglen Place, Burnaby, BC V5G 3W1
Phone: 604-430-6036 | Fax: 604-435-6024
Email: david(at)labourconsultingservices.com
www.bcemploymentstandardscoalition.com
On November 23, BC Employment Standards Coalition Co-Chair David Fairey made a submission in Vancouver to the Fair Wages Commission as part of its consultation. The submission contains detailed responses to questions from the Commission including, “What is a reasonable timeframe or schedule of increases in the minimum wage to reach $15-an-hour?” and “What are your experiences or thoughts about the farm workers piece rates in B.C.?”
