Can an employee recover any amount of ESA holiday pay that has been paid out under the ESA?
British Columbia, Canada
The following excerpt is from Belanger v Tsetsaut Ventures Ltd., 2019 BCSC 560 (CanLII):
The Court of Appeal addressed the rights of employees to recover sums payable under the ESA in the case of Macaraeg v. E Care Contact Centers Ltd., 2008 BCCA 182. In that case, the court was considering a claim for unpaid overtime, rather than unpaid statutory holiday pay.
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