Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 10 - COMPLAINTS, INVESTIGATIONS AND DETERMINATIONS
ESA Section 77 – Opportunity to respond
This section explains who is responsible for providing reasonable opportunity for a complainant to respond post-investigation.
77. If an investigation is conducted, the director must make reasonable efforts to give a person under investigation an opportunity to respond.
The director will make reasonable efforts to contact the parties against whom an allegation of a contravention of the Act has been made.
Notification may be by telephone, fax, letter, or personal visit. If, after such reasonable efforts have been made, the person does not respond, a decision may be made based on the information available.
Failure to participate in the director’s investigation cannot be remedied through an appeal to the Employment Standards Tribunal. The Tribunal will not consider arguments or evidence that could have been provided to the director at the investigative stage.
Employment Standards Tribunal Decisions
Kaiser Stables Ltd.; B.C. EST #D058/97.
Emmanual's House of Dosas, BC EST D#006/11.
Related sections of the Act or Regulation
- s.1, Definition “employee”
- s.1, Definition “employer”
- s.2, Purposes of the Act
- s.74, Complaint and time limit
- s.75, If complainant requests identity be kept confidential
- s.76, Investigations
- s.79, Determinations and consequences
- s.81, Notifying others of determination
- s.85, Entry and inspection powers
- s.95, Associated employers
- s.96, Corporate officer’s liability for unpaid wages
- s.97, Sale of business or assets
- s.98, Monetary penalties
- s.101, Publication of violators’ names