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
This section outlines the conditions under which a tribunal may suspend the director’s determination.
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.
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.
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.
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
- s.79, Determinations and consequences
- s.81, Notifying others of determination
- s.82, No other proceedings
- s.86, Power to reconsider
- s.91, Determination or order may be filed and enforced as judgment
- Part 12 – Employment Standards Tribunal
- s.114, After an appeal is requested
- s.115, Tribunal’s orders
- s.116, Reconsideration of orders and decisions
- s.119, Extraprovincial certificates
- s.122, Service of determinations and demands
See Employment Standards Tribunal website at www.bcest.bc.ca