Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 13 - APPEALS

ESA Section 113 – Director’s determination may be suspended


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section outlines the conditions under which a tribunal may suspend the director’s determination.


Text of Legislation

113. (1) A person who appeals a determination may request the tribunal to suspend the effect of the determination.

(2) The tribunal may suspend the determination for the period and subject to the conditions it thinks appropriate, but only if the person who requests the suspension deposits with the director either

(a) the total amount, if any, required to be paid under the determination, or

(b) a smaller amount that the tribunal considers adequate in the circumstances of the appeal.


Policy Interpretation

Subsection (1)

A person who appeals a determination issued pursuant to s.79 of the Act may request the tribunal to suspend further action on the determination.

This section does not apply to a determination issued pursuant s.119, which may only be appealed to the Supreme Court. Under s.119(8) the Supreme Court has the power to suspend a determination on application.

Subsection (2)

When a person requests the tribunal to suspend a determination issued under s.79, the tribunal may suspend the effect of the determination subject to conditions considered adequate by the tribunal and only if money is deposited with the director. Interest accrues on all wages held in trust in accordance with the Employment Standards Regulation, s.27.


Related Information

Employment Standards Tribunal Decisions

Johnathan Miller, a Director or Officer of Abraxus Security Ltd., BC EST #090/10

Related sections of the Act or Regulation

ESA

Other

See Employment Standards Tribunal website at www.bcest.bc.ca