Macaraeg v. E Care Contact Centers Ltd.: Shortcomings of the British Columbia Court of Appeal's Analysis

• Author: Marcus F. Mazzucco
• Position: Graduates from the University of Victoria, Faculty of Law in 2010 and will be articling with the Ontario Ministries of Health and Long-Term Care and Health Promotion
• Pages: 150-159

150 wAPPEAL VOLUME 15

CASE COMMENTARY

MACARAEG V. E CARE CONTACT CENTERS

LTD.:

SHORTCOMINGS OF THE

BRITISH COLUMBIA COURT OF APPEAL’S

ANALYSIS

By Marcus F. Mazzucco*

CITED: (2010) 15 Appeal 150-159

INTRODUCTION

At issue in Macaraeg v. E Care Contact Centers Ltd. (“Macaraeg (BCCA)”) was whether

rights conferred in employment standards legislation could be implied as a matter of law

into an employment contract and, if so implied, could then be enforced in a civil action.

e British Columbia Court of Appeal’s unanimous decision rejecting both of these posi-

tions is troubling for several reasons. First, by failing to distinguish between a civil action

arising from breach of contract and one arising from breach of statutory duty, it may be ar-

gued that the Court embarked upon a misguided analysis for determining whether rights

conferred by employment standards legislation can be implied into employment contracts.

Second, the Court’s assessment of the adequacy of the administrative structure in place to

enforce statutory employment rights is inconsistent with the object of employment stan-

dards legislation, as it fails to recognize the ways in which the current enforcement regime

insuciently protects employees’ interests and encourages the breach of minimum em-

ployment standards by unscrupulous employers. e decision creates several practical di-

culties for employees in British Columbia. In eect, it puts an onus on employees to know

their statutory rights so that they are in a position to either negotiate such rights into em-

ployment contracts as express terms (which can then be enforced in a civil action), or to

enforce them using existing statutory remedies.

* Marcus Mazzucco graduates from the University of Victoria, Faculty of Law in 2010 and will be articling with

the Ontario Ministries of Health and Long-Term Care and Health Promotion. He wrote this case commentary as

a second-year student. Marcus thanks Professor Judy Fudge for providing him with the opportunity to write this

commentary during her course on individual employment law.

1. Macaraeg v. E Care Contact Centers Ltd., 2008 BCCA 182 (QL) [Macaraeg (BCCA)].