Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 2 - EMPLOYMENT AGENCIES AND FARM LABOUR CONTRACTORS

ESR Section 12 – Appeals from the refusal, cancellation or suspension of a licence 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains a person’s right to appeal a determination issued under s.10 of the Regulation and sets out the deadlines within which an appeal must be made.


Text of Legislation

12. (1) A person who is served with a determination under section 10 may appeal the determination to the tribunal by delivering to its office a written request that includes the reasons for the appeal.

(2) The request must be delivered to the tribunal within

(a) 30 days after the date of service, if the person was served by registered mail, and

(b) 21 days after the date of service, if the person was personally served or served under section 122 (3) of the Act.

(3) For an appeal under this section,

(a) the tribunal has the same powers as under sections 114 to 116 of the Act, and

(b) sections 108, 109 (b) to (h) and 111 of the Act apply.


Policy Interpretation

When a determination is issued pursuant to s.10 of this Regulation, this determination may be appealed in accordance with the requirements of this section.

Subsection (1)

A person who has been served with a determination under s.10 of this Regulation, can appeal the determination by delivering a written request to the office of the Employment Standards Tribunal within the appeal period established in subsection (2) below. The written appeal request must include the reasons for the appeal.

Subsection (2)

The appeal period is based on the method of service, as follows:

  • 30 days after the date of service if the person was served by registered mail
  • 21 days after the date of service if the person was personally served
  • 21 days after the date of service when the determination has been transmitted electronically or by fax machine (in accordance with s.122(3) of the Act) at the request of a person on whom a determination is required to be served.

Subsection (3)

The Employment Standards Tribunal has the same powers under the appeal process set in this section of the Regulation, as under the following sections of the Act, specifically:

  • Section 114 After an appeal is requested
  • Section 115 Tribunal’s orders
  • Section 116 Reconsideration of orders and decisions

The following sections of the Act apply to appeals under this section:

  • Section 108 Appeal and inquiry powers
  • Section 109 (1) (b) to (h) Other powers of the tribunal
  • Section 111 Publication of decisions

Related Information

Related sections of the Act or Regulation

ESA

ESR

Other:

See Employment Standards Factsheets

Factsheets

Farm Workers

Farm Labour Contractors