Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 13 - APPEALS

ESA Section 115 – Tribunal’s orders 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section outlines the responsibilities of a tribunal once it determines whether or not an appeal is acceptable.


Text of Legislation

115. (1) After considering whether the grounds for appeal have been met, the tribunal may, by order,

(a) confirm, vary or cancel the determination under appeal, or

(b) refer the matter back to the director.

(2) (repealed).


Policy Interpretation

Subsection (1)

Once the tribunal is satisfied that:

  • the appeal request should not be dismissed in accordance with s.114 of the Act; or
  • the grounds for appeal as identified in s.112(1) have been met

the tribunal may:

  • confirm, vary or cancel the determination under appeal; or
  • refer the matter back to the director for further investigation, if satisfied that there is not enough evidence to make a decision

Related Information

Related sections of the Act or Regulation

ESA

Other

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