Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 8 - TERMINATION OF EMPLOYMENT

ESA Section 71 – Adjustment committee


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains that the minister may establish an adjustment committee if an employer finds it necessary to provide group termination to 50 or more employees. The purpose of the committee is to establish an adjustment program to help the parties through the situation.


Text of Legislation

71. (1) If an employer is required to give notice under section 64, the minister may require the employer to establish an adjustment committee.

(2) The adjustment committee is to consist of

(a) an equal number of representatives of the employer and of the affected employees, and

(b) anyone else the minister considers suitable for appointment to the committee.

(3) The purpose of the adjustment committee is to develop, by cooperation, an adjustment program

(a) to eliminate the need for terminating the employment of the affected employees, or

(b) to minimize the impact of terminating their employment and to help them obtain other employment.

(4) The adjustment committee may require any of the following to provide it with any information necessary for carrying out its purpose:

(a) the employer;

(b) the representatives of the employer and the affected employees;

(c) any other member of the adjustment committee.


Policy Interpretation

If an employer is giving notice of group termination under s.64 of the Act, the notice must be provided to each affected employee, the trade union (if applicable), and the minister. The minister may require than an adjustment committee be set up to assist the parties and explore options that may eliminate the need for the group termination, minimize the impact of the terminations and assist employees with obtaining other employment.


Related Information

Related sections of the Act or Regulation

ESA

ESR

Other

See Employment Standards Factsheets

Factsheets

Termination of Employment

Collective Agreements and the Employment Standards Act

Variances