Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS REGULATION - PART 8 - MISCELLANEOUS

ESR Section 49 – Appeals in cases where the tribunal is the employer


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section outlines the requirements for an appeal in cases where the Employment Standards Tribunal is the employer. 


Text of Legislation

49. (1) Any person served with a determination in a case involving the tribunal as an employer may appeal the determination to the associate chair by delivering to the principal office of the Labour Relations Board a written request that includes the reasons for the appeal.

(2) Sections 112 (2) and (3) and 113 to 115 of the Act apply to an appeal under this section, except that a reference to the tribunal is to be read as a reference to the associate chair.

(3) In relation to an appeal under this section,

(a) the associate chair has the same power that the tribunal has under section 109 (1) (b) to (h) of the Act, and

(b) sections 110, 111 and 116 of the Act apply.


Policy Interpretation

Subsection (1)

In any case where a determination has been issued by the director naming the Employment Standards Tribunal as the employer, any person who has been served with a determination in accordance with s.122 of the Act may appeal the determination to the associate chair of the Labour Relations Board with a written request for review, including reasons for requesting the appeal.

Subsection (2)

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", therefore transferring the same powers to the Associate Chair of the Labour Relations Board as that of the Employment Standards Tribunal.

Subsection (3)

Similarly, the following provisions of the Act apply to the associate chair of the Labour Relations Board and any decision made pursuant to the appeal.

Section 109(1)(b) to (h) Other powers of the tribunal

Section 110 Finality of tribunal's decisions and orders

Section 111 Publication of decisions

Section 116 Reconsideration of orders and decisions


Related Information

Related sections of the Act or Regulation

ESA

ESR