What is the onus on employers to be aware of and observe the minimum legislative requirements respecting employment?
British Columbia, Canada
The following excerpt is from Waddell v. Cintas Corp., 1999 CanLII 5161 (BC SC):
The plaintiff argues that Shore v. Ladner Downs and Machtinger support the proposition that the onus is on employers to be aware of and to observe the minimum legislative requirements respecting employment so that employees receive the protections to which they are entitled without being placed in a position of having to ask for those protections. It is submitted that this onus extends to knowledge of and compliance with the employment legislation enacted in each province in which the employer has employees. Accordingly, the plaintiff argues that the termination clause contained in the Employment Agreement is void insofar as it purports to govern the plaintiff’s employment in British Columbia because it is based on the laws of Ontario.
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