Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 6 - INTEREST AND PENALTIES

ESR Section 26 – Investigation without a complaint


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section of the Act establishes what the “delivery date of a complaint” is for purposes of calculating interest on outstanding wages when no actual complaint has been filed but where the director commenced an investigation to ensure compliance with the Act. 


Text of Legislation

26. For the purposes of section 88 (1) of the Act, the date of delivery of a complaint includes the date information is obtained under section 76 (2) of the Act about an employer's failure to pay wages or another amount.


Policy Interpretation

Interest can accrue on wages, or other amounts owing, even in situations where there is no complaint. Although most investigations start because a complaint has been received, the director may conduct an investigation in circumstances where no complaint has been made.

Subsection 76(2) of the Act gives the director authority to conduct an investigation to ensure compliance with the Act. Where the director conducts an investigation under this section, interest will accrue from the earlier of the date of termination of employment, or the date information is obtained about wages or other amounts owed during an investigation.


Related Information

Related sections of the Act or Regulation

ESA

ESR