On May 1, 2008, the British Columbia Court of Appeal released a precedent-setting decision on whether employees, individually or by class action, can bring a civil action in the courts for alleged employment standards violations. The three-judge Court of Appeal panel unanimously answered no; employees cannot come to the courts.

In her claim, dismissed employee Ms. Macaraeg brought an action in the B.C. Supreme Court against her former employer for wrongful dismissal and unpaid overtime. Regarding the latter claim, Ms. Macaraeg alleged that she worked long hours and her employer told her that it did not pay for overtime. Relying on the B.C. Employment Standards Act ("ESA") as the basis for her right to overtime pay, Ms. Macaraeg made her claim as representative of a class of fellow employees who also allegedly worked overtime and were not paid for it. In its defence, E Care Contact Centres Ltd., the employer, argued that Ms. Macaraeg’s recourse was through the ESA’s complaint and hearing process and not a civil action in the courts

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