Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 12 - EMPLOYMENT STANDARDS TRIBUNAL
ESA Section 110 – Finality of tribunal’s decisions and orders
This section explains the conclusiveness of a tribunal decision as it relates to other possible reviews or appeals in the courts or otherwise.
110 (1) The tribunal has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an appeal or reconsideration under Parts 12 and 13 and to make any order permitted to be made.
(2) A decision or order of the tribunal on a matter in respect of which the tribunal has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.
The Employment Standards Tribunal has the authority to hear appeals under the Employment Standards Act. The tribunal’s decisions are binding and are not subject to an appeal on the merits. A court can only review a decision of the tribunal to make sure it did not exceed its jurisdiction, make an error of law or fail to observe the principles of natural justice.
The Employment Standards Tribunal may, upon application or on its own motion, may reconsider any order or decision.
Related sections of the Act or Regulation
- s.109, Other powers of tribunal
- s.112, Appeal of director’s determination
- s.115, Tribunal’s orders
- s.116, Reconsideration of orders and decisions
- s.119, Extraprovincial certificates
Administrative Tribunals Act, [SBC 2004] c.45
Judicial Review Procedure Act, [RSBC 1996] c. 241
See Employment Standards Tribunal website at www.bcest.bc.ca