Reinstatement breach lands BC director with personal bill for wages and penalty
A British Columbia company director is personally liable for two months of unpaid wages plus interest and a $500 administrative penalty after an employee was fired instead of being returned from maternity and parental leave. The Employment Standards Tribunal has dismissed his appeal of the personal liability finding.
The April 30, 2026, decision by Employment Standards Tribunal Member Jeremy Bryant dismissed Pedro Guillermo Guillen's appeal in Pedro Guillermo Guillen (P&J Solutions Inc.). A Delegate of the Director of Employment Standards had held Guillen, a director of P&J Solutions Inc., personally liable under sections 96 and 98(2) of the Employment Standards Act for two months of unpaid wages owed to former employee Martha Lucia Tovar Castillo, plus a $500 administrative penalty.
Castillo was first put on temporary layoff and then formally terminated. She received what the Determination describes as a "Notice of transition from Temporary Layoff to Permanent Layoff," dated April 15, 2024, advising her that her employment was ending. The Delegate found this happened when she should have been brought back from maternity and parental leave under section 54(3) of the Employment Standards Act.
The same day she received the notice, Castillo emailed Guillen directly to object. She told him "it's crucial to address the apparent...
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