Tribunal's Orders - Act Part 13, Section 115

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section outlines the responsibilities of a tribunal once it determines whether or not an appeal is acceptable.

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Text of Legislation

115. (1) After considering whether the grounds for appeal have been met, the tribunal may, by order,

(a) confirm, vary or cancel the determination under appeal, or

(b) refer the matter back to the director.

(2) [Repealed 2004-45-93.]

(3) Section 76.1 applies in respect of a matter referred back to the director for further investigation under subsection (1) of this section.

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Policy Interpretation

Subsection (1)

Once the tribunal is satisfied that:

• the appeal request should not be dismissed in accordance with s.114 of the Act; or
• the grounds for appeal as identified in s.112(1) have been met

the tribunal may:

• confirm, vary or cancel the determination under appeal; or
• refer the matter back to the director for further investigation, if satisfied that there is not enough evidence to make a decision

Subsection (3)

If the tribunal refers the matter of a complaint back to the director as the result of an appeal, the director may use their power under section 76.1 to require the parties to participate in a complaint resolution process as part of further investigation.

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Related Information

Related sections of the Act or Regulation

ESA

• s.112, Appeal of director’s determination
• s.113, Director’s determination may be suspended
• s.114, After an appeal is requested
• s.116, Reconsideration of orders and decisions

Other

See Employment Standards Tribunal website at www.bcest.bc.ca