What is the test for applying for employment in the electrical cable industry?

British Columbia, Canada


The following excerpt is from E.C.S. Electrical Cable Supply Ltd. v. B.C. (Council Of Human Rights), 1996 CanLII 1479 (BC SC):

The petitioner's main complaint is that these applications were not made in the electrical cable industry where she had worked for the previous ten years. However, even if the petitioner is right in saying it was incumbent on the respondent to search for the industry with which she was familiar, her failure to do so is not conclusive. The petitioner must also show that had she made such efforts, she likely would have found employment (Fisher v. Seton Lake Indian Band, [1994] B.C.J. No. 3009 (B.C.S.C.) (Q.L.) at para. 22; Wright v. Westar Mining Ltd., [1987] B.C.J. No. 1877 (B.C.S.C.) (Q.L.) at 6ff). The petitioner concedes there was no such evidence adduced. In fact, the evidence was that the industry was in a slump, although it may have been improving by December 1991.

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)
What rights does the employment standards legislation have to the employer? (British Columbia, Canada)
Does a vehicle provided by an employer as a crew bus constitute an extension of the employer's premises? (British Columbia, Canada)
Can a plaintiff be considered a travelling employee for workers’ compensation purposes when he drives from his home to his employer’s office in Richmond, after driving to the employer's office? (British Columbia, Canada)
What factors have been applied to determine whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
Can a motor vehicle accident be employment-connected where the accident occurred on a driveway or roadway extending between the employer's premises and the public roadway? (British Columbia, Canada)
Can an employer unilaterally change the terms of an employee's employment? (British Columbia, Canada)
What factors have been applied in determining whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
How have courts varied spousal support where the claimant has not applied for employment or retrained since 2010? (British Columbia, Canada)
Does the phrase “entitled to ...” apply to a plaintiff who has returned to her previous employment and previous earnings? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.