May 2008


Employment by provincially-regulated employees in BC is governed by the common law of contract and by statute. Many employment contracts are verbal and do not expressly deal with routine matters. The Courts, however, will infer into the contract of employment certain terms such as a varying duty of fidelity, the right to terminate for cause and the obligation to give reasonable notice to terminate. Some terms have - until recently - not been inferred, i.e. overtime pay, vacations and vacation pay, holidays and holiday pay. Recent court decisions emphasize the importance of written contracts of employment and how a comprehensive understanding of the Employment Standards Act (BC) could protect an employer from greater costs and liability.