Macaraeg v. E Care Contact Centers Ltd. Overtime
Western Star "Employment Law Claims"
Western Star "Pension Law Claims"
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SUPREMES COURT OF CANADA
- LEAVE REFUSED -
Ms. Macaraeg's application to the Supreme Court of Canada for leave to appeal was refused.
Consequently, there has been a final determination that Ms. Macaraeg, for herself, and others, cannot bring an action in the courts of the province of British Columbia for overtime pay based on the BC Employment Standards Act.
CHRONOLOGY
E Care Contact Centers carries on business in British Columbia as a short term lender. Ms. Macaraeg was employed in that business between May, 2004 and February, 2006, first as a "Customer Service Representative" and later as a “Credit Recovery Specialist - Account Manager”.
Ms. Macaraeg worked a considerable amount of overtime during her employment, as did a considerable number of other employees, but she was not paid for overtime work.
On March 28, 2006, an action was commenced in British Columbia Supreme Court in the name of Ms. Macaraeg, as a class action on behalf of a proposed class of persons described as:
"All persons who, after January 1, 2004, worked over eight hours a day or over 40 hours a week while employed by E Care in the province of British Columbia, but excluding employees who have executed a binding full and final release in favour of the defendant."
 Writ of Summons and Statement of Claim
The action has not yet been certified as a class proceeding.
A preliminary issue exists as to the jurisdiction of the Supreme Court to deal with the claim of Ms. Macaraeg and others, for overtime pay pursuant to the British Columbia Employment Standards Act. Counsel for the plaintiff and defendant agreed to bring forward this issue of juridsiction to the BC Supreme Court, and Madam Justice Wedge decided that jursidiction did exist, that Ms. Macaraeg was not limited to whatever remedy she could obtain from the Employment Standards Branch.
Reasons for Judgement, BCSC, Wedge J, Jurisdiction Issue
E Care has appealed from the decision of Judge Wedge.
On June 8, 2007, the BC Director of Employment Standards obtained leave from the BC Court of Appeal to intervene in the appeal, to make submissions relating to the jurisdiction of the Director of Employment Standards and the jurisdiction of the court to hear overtime claims.
The appeal occurred in Vancouver, on December 10 and 11, 2007. Submissions were made by counsel for E-Care, Ms. Macaraeg, and the Director of Employment Standards.
The Court of Appeal for the province of British Columbia has "reserved" judgement, meaning that the court will take time to consider the submissions of all parties, and render its decision.
No time has been set when the decision will be rendered.
The decision, when rendered, will answer the question of whether the proceeding can continue in the Supreme Court of British Columbia.
Reasons for Judgement, British Columbia Court of Appeal, Jurisdiction Issue
On May 1, 2008, the BC Court of Appeal allowed E-Care's appeal from the decision of Judge Wedge, and decided that the British Columbia Supreme Court does not have jurisdiction to deal with overtime claims in a civil action, if the overtime claim is soley based on statutory rights contained in theBC Employment Standards Act.
The plaintiff intends to seek leave to appeal to the Supreme Court of Canada.
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