Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 12 - EMPLOYMENT STANDARDS TRIBUNAL
ESA Section 106 – Organization of tribunal
This section explains how a panel of the tribunal may be established and who has the authority to do so.
106. (1) The chair may establish one or more panels of the tribunal.
(2) Two or more panels may proceed with separate matters at the same time.
(3) The chair may refer matters that are before the tribunal to a panel or a matter that is before a panel to the tribunal or another panel.
(4) A panel may consist of one, 3 or 5 members, but if representative members are appointed to a panel, there must be an equal number of representative members who have experience in employers' interests and who have experience in employees' interests.
(5) The chair may terminate an appointment to a panel and may fill a vacancy on a panel.
(6) A panel has the power and authority of the tribunal in appeals assigned to the panel under this section or matters coming before it under the rules made by the tribunal.
(7) If a panel consists of more than one member, the finding of the majority is the tribunal's finding, but if there is no majority the finding of the member chairing the panel is the tribunal's finding.
The Employment Standards Tribunal has the authority to determine the most appropriate means of dealing with matters. More than one panel may proceed with different matters at the same time.
Related sections of the Act or Regulation
- s.102, The Employment Standards Tribunal continued
- s.103, Administrative Tribunals Appointment and Administration Act applies to tribunal
- s.104, Chair may delegate authority
- s.109, Other powers of tribunal
- s.110, Finality of tribunal’s decisions and orders
- Part 13 - Appeals
See Employment Standards Tribunal website at www.bcest.bc.ca