HRInsider.ca » Employee Can’t Bring Wage Claim in Court

Employee Can’t Bring Wage Claim in Court

In Dec., Nova Scotia dealt a blow to the overtime class action, albeit an indirect one. An employee brought an unpaid overtime and vacation claim before the Director under the Labour Standards Code. The claim was denied. Instead of using the LSC appeal mechanism, he filed a civil lawsuit for damages. But the court wouldn’t take the case. Even though employees can pursue wage claims in court or the LSC tribunal, they can’t do both at the same time, the court said. Since the employee started his case before the LSC Director, he had to exhaust all his remedies under the LSC system before going to court [Fredericks v. 2753014 Canada Inc., 2008 NSSC 377 (CanLII), Dec. 11, 2008].

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