Does a stay of an order requiring an employer to pay an employee the amount it has been ordered to pay?

British Columbia, Canada


The following excerpt is from WCAT-2015-01599 (Re), 2015 CanLII 97007 (BC WCAT):

Given the worker’s low earnings in 2011, it appears likely that if the employer paid the worker the amount it has been ordered to pay, the worker would not be in a position to subsequently repay the funds if the employer is successful in its appeal. I consider that the employer would face a risk of irreparable harm in this situation, for the reasons set out in Bancroft-Wilson v. Murphy (quoted above). This factor favours the granting of a stay.

Other Questions


If an employer loses trust in an employee as a result of an employer's orders, in the matter of substance being willfully disobeyed and met with insubordination, can an employer dismiss the employee? (British Columbia, Canada)
Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order? (British Columbia, Canada)
Is an employer induced an employee to enter into a new employment relationship with the employee? (British Columbia, Canada)
Is an employer required to inquire if an employee is ill or disabled before terminating their employment? (British Columbia, Canada)
Can an employer unilaterally change the terms of an employee's employment? (British Columbia, Canada)
Can an employee who declines an offer of re-employment from the same employer, after having been dismissed whether actually or constructively, be found to have failed to mitigate her damages? (British Columbia, Canada)
Is a former employee required to refrain from competing with a former employer under a non-competition agreement? (British Columbia, Canada)
What is the current state of the law on the requirement of an employer to warn an employee that they have failed to meet performance standards? (British Columbia, Canada)
What is the onus on employers to be aware of and observe the minimum legislative requirements respecting employment? (British Columbia, Canada)
Is an employer required to compensate an employee for his moving expenses and costs of selling his home? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.