In a recent small claims court decision by the British Columbia Civil Resolution Tribunal (CRT), a dispute over wrongful termination and unpaid wages was addressed, leading to a dismissal of the wrongful termination claim and a refusal to resolve the unpaid wages issue.
RH the applicant, formerly employed at MIX the Bakery, operated by Bali Enterprises Ltd., claimed wrongful termination and unpaid wages. JT, president of Bali Enterprises, was named as a respondent along with the company.
RH sought $5,000 in damages for wrongful termination and an additional $499 for unpaid wages related to catering deliveries.
RH argued that they were wrongfully terminated for raising workplace safety concerns and were not paid the agreed-upon wages. However, the respondents countered that RH voluntarily quit and contended that the claim for unpaid wages should be handled by the Employment Standards Branch (ESB), not the CRT.
In its ruling, the CRT dismissed RH’s wrongful termination claim. The tribunal found that RH had indeed resigned, as evidenced by an email sent to JT expressing the intention to quit. JT’s acceptance of this resignation was also noted.
Regarding the unpaid wages, the CRT acknowledged the ongoing investigation by the ESB. Since the ESB has exclusive jurisdiction over statutory benefits under the Employment Standards Act, the tribunal found it inappropriate to adjudicate on matters already before the ESB. This decision aligns with a previous court ruling, Gorenshtein v. British Columbia, which prioritizes the ESB in cases of overlapping jurisdiction.
The CRT also addressed the issue of personal injury claims initially included in RH’s Dispute Notice. These claims were separated from the main dispute and paused, allowing for a separate legal proceeding to conclude. As a result, the CRT made no findings regarding the personal injury claims.
For more information, see Hyman v. Thind, 2023 BCCRT 1097 (CanLII)
