Subway Aldergrove Whistleblowers, Calls for ESA Changes: Global BC

A Global News investigation into allegations from whistle-blowers of two Subways in Aldergrove has prompted immediate investigations and growing calls to change B.C.’s Employment Standards Act.

“I think a lot of people don’t realize and appreciate that the rights that they have under the Employment Standards Act are time-limited — you only have six months from the date that something occurs or from the date of your termination to bring a complaint,” said an employment lawyer at the Vancouver office of Samfiru Tumarkin LLP.

In B.C., employees can only pursue their entitlements under the Employment Standards Act through the Employment Standards Branch, the lawyer said.

“They can’t pursue your claim civilly unless the terms of the Employment Standards Act are specifically included as part of their contract.”

“Which means you’ve got two years in which to bring the complaint, you can then also seek two years of overtime pay or stat pay,” they said.

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• Subway restaurants and severance pay

B.C.’s Employment Standards Act is being comprehensively reviewed for the first time in 20 years and the law firm is calling for change.

“I don’t think that six months is enough time to inform people about their rights,” the Vancouver employment lawyer added.

Read more about the story on Global BC here.