Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 8 - MISCELLANEOUS

ESR Section 48 – Definition - Associate chair


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section defines the term “associate chair” in ss.49 and 50 of these Regulations.


Text of Legislation

48. In sections 49 and 50, "associate chair" means the Associate Chair of the Labour Relations Board.


Policy Interpretation

For purposes of ss.49 and 50 of this Regulation, “associate chair” means the Associate Chair of the Labour Relations Board. These sections deal with an appeal of a director’s determination when the Employment Standards Tribunal is the employer. Specifically, these sections are:

Section 49 Appeals in case where the tribunal is the employer
Section 50 Enforcement of orders of associate chair

The purpose of this section is to ensure that when an appeal is made where the tribunal is the employer, an impartial review takes place. In any other appeal of a determination, the appeal is made to the Employment Standards Tribunal pursuant to Part 13 of the Act.

Where the tribunal is the employer, the process of appeal as set out in ss.112(2) through 115 remains the same, with the substitution of “associate chair” for “tribunal”, giving the same powers to the associate chair of the Labour Relations Board as that of the tribunal.


Related Information

Related sections of the Act or Regulation

ESA

ESR