Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 13 - APPEALS
ESA Section 114 – After an appeal is requested
This section sets out the tribunal’s authority to dismiss an appeal at any time
114.(1) At any time after an appeal is filed and without a hearing of any kind the tribunal may dismiss all or part of the appeal if the tribunal determines that any of the following apply:
(a) the appeal is not within the jurisdiction of the tribunal;
(b) the appeal was not filed within the applicable time limit;
(c) the appeal is frivolous, vexatious or trivial or gives rise to an abuse of process;
(d) the appeal was made in bad faith or filed for an improper purpose or motive;
(e) the appellant failed to diligently pursue the appeal or failed to comply with an order of the tribunal;
(f) there is no reasonable prospect that the appeal will succeed;
(g) the substance of the appeal has been appropriately dealt with in another proceeding;
(h) one or more of the requirements of section 112 (2) have not been met.
(2) Before considering an appeal, the tribunal may
(a) refer the matter back to the director for further investigation, or
(b) recommend that an attempt be made to settle the matter.
(3) If the tribunal dismisses all or part of an appeal under subsection (1), the tribunal must inform the parties of its decision in writing and give reasons for that decision.
The tribunal has the discretion to determine its own procedures. It is not required to hold an oral hearing. The tribunal has the discretion to dismiss an appeal for a number of reasons, including:
- The appeal is not within its jurisdiction (for example if the determination was issued under s. 119 of the Act);
- The appeal was not filed within the time limit (the tribunal has established criteria to decide when it will accept a late appeal);
- The appeal is frivolous, vexatious, trivial, in bad faith or filed for an improper motive;
- The appellant has failed to submit all of the required documentation (for example the director’s written reasons for the determination or the appellant’s explanation of the reasons for the appeal);
- The substance of the appeal has been dealt with in another proceeding, such as a court.
The tribunal has established rules of practice and procedure. These rules can be found on the tribunal website.
Related sections of the Act or Regulation
- s.78, Settlement agreements
- s.86, Power to reconsider
- s.112, Right to appeal a director's determination
- s.113, Director’s determination may be suspended
- s.115, Tribunals orders
- s.116, Reconsideration of orders and decisions
- s.119, Extraprovincial certificates
See Employment Standards Tribunal website at www.bcest.bc.ca