Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 14 - GENERAL PROVISIONS

ESA Section 123 – Irregularities


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the effect on proceedings under the Employment Standards Act when a technical irregularity occurs.


Text of Legislation

123. A technical irregularity does not invalidate a proceeding under this Act.


Policy Interpretation

A determination issued by the Director is not invalidated due to a minor error or omission that is considered to be a technical irregularity.

Some examples of technical irregularities that will not invalidate a proceeding are:

  • grammatical or spelling errors where the intended meaning is clear;
  • quoting the wrong section number of the Act or Regulation;
  • minor errors in calculating wages owing or interest accrued;
  • failing to use the complainant's legal name, such as Betty Smith instead of Elizabeth Smith;
  • using "Ltd." instead of "Inc."

Although these irregularities should be amended when they are identified, they will not make a determination invalid. Mathematical errors will not invalidate a determination if the correct amount is a lesser figure. However, if the correct amount is a greater figure, a new determination will be required.


Related Information

Related sections of the Act or Regulation

ESA