Irregularities - Act Part 14, Section 123
This section explains the effect on proceedings under the Employment Standards Act when a technical irregularity occurs.
123. A technical irregularity does not invalidate a proceeding under this Act.
A determination issued by the Director is not invalidated due to a minor error or omission that is considered to be a technical irregularity.
Some examples of technical irregularities that will not invalidate a proceeding are:
- grammatical or spelling errors where the intended meaning is clear;
- quoting the wrong section number of the Act or Regulation;
- minor errors in calculating wages owing or interest accrued;
- failing to use the complainant's legal name, such as Betty Smith instead of Elizabeth Smith;
- using "Ltd." instead of "Inc."
Although these irregularities should be amended when they are identified, they will not make a determination invalid. Mathematical errors will not invalidate a determination if the correct amount is a lesser figure. However, if the correct amount is a greater figure, a new determination will be required.
Related sections of the Act or Regulation