Significant amendments to the BC Employment Standards
Act (the "ESA") are now in force as a
result of the Employment Standards Amendment Act, 2019
receiving Royal Assent on May 30, 2019.
The ESA has not been significantly updated for 15
years. The amendments to the ESA incorporate
recommendations made by the Employment Standards Act Reform Project
Committee.
The purpose of this bulletin is to provide a summary of the more
significant amendments to the ESA. More detailed
information can be obtained from any member of McMillan LLP's
Vancouver Employment and Labour Relations Group.
Director and Officer Liability
Previously, directors or officers were exempt from personal
liability for unpaid wages where a corporation was in receivership
or subject to insolvency proceedings. This exemption for unpaid
wages has now been eliminated. However, directors and officers
continue to be exempt from personal liability for unpaid
termination pay under the ESA if the