Does the limitation period apply to an employment standards action?

The plaintiff relies on Dominguez v. Northland Properties Corporation, 2012 BCSC 328 [Dominguez], in support of the proposition that a statutory remedy will not be considered a reasonably available alternative if the limitation period has expired. Dominguez concerned a proposed class action to recover wages said to be owed to foreign workers. In certifying the case as a class action, Madam Justice Fitzpatrick rejected the argument that employment standards legislation presented a viable alternative to a class action. Among the limitations of the legislation cited by Madam Justice Fitzpatrick, including uncertainty over whether the legislation would address the claims of class members, was the six-month limitation period on filing a complaint, as opposed to the six-year limitation period that governed a breach of contract claim. Madam Justice Fitzpatrick found that the six-month limitation period in the statute would bar many, if not most, of the claims of putative class members.