Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 10 - COMPLAINTS, INVESTIGATIONS AND DETERMINATIONS
ESA Section 81 – Notifying others of determination
This section specifies who must be notified when a determination is completed and who is responsible for doing so.
81. (1) On making a determination under this Act, the director must serve any person named in the determination with a copy of the determination that includes the following:
(b) if an employer or other person is required by the determination to pay wages, compensation, interest, a penalty or another amount, the amount to be paid and how it was calculated;
(c) if a penalty is imposed, the nature of the contravention and the date by which the penalty must be paid;
(d) the time limit and process for appealing the determination to the tribunal.
(1.1) A person named in a determination under subsection (1) may request from the director written reasons for the determination.
(1.2) A request under subsection (1.1) must be in writing and delivered to the director within 7 days of the person being served with the copy of the determination under subsection (1).
(1.3) On receipt of a request under and in accordance with subsections (1.1) and (1.2), the director must provide the person named in the determination with written reasons for that determination.
(2) On being served with a determination requiring the employer to limit the hours of work of employees, an employer must display a copy of the determination in each workplace in locations where the determination can be read by any affected employees.
Subsection (1) [Note: s.81(1)(a) repealed)]
Subsection (1) requires the director to serve all parties named in the determination with a copy of it. (See s.122 regarding “Service of determination and demands”).
(b) If wages, compensation, interest or a penalty are payable, the determination must state the amount to be paid by the employer or person and how the amount was calculated.
(c) If a penalty is payable the determination must state the section(s) of the Act that were contravened and the date by which payment must be made
(d) The determination must include a time limit to appeal and the process to appeal to the tribunal.
This subsection allows the director to issue a determination without written reasons. When this is done, any person named in the determination may request the director provide written reasons to support the conclusion reached in the determination.
This subsection requires the person named in the determination to request written reasons, from the director, within 7 days of the person being served with a copy of the determination. The request to the director must be in writing.
When the director receives a written request as above, the director must provide the written reasons to the person who made the request.
The following applies to determinations regarding excessive hours under Part 10, ss.79(5) and (6):
- the employer must be served with a copy of the determination setting out any term or condition imposed. (See also s.122.)
- determinations must be posted in a place at the work site that is commonly viewed by employees; and
- any person on whom the director imposes a requirement, must obey the terms or conditions, as required.
Related sections of the Act or Regulation
- s.39, No excessive hours
- s.79, Determinations and consequences
- s.110, Finality of tribunal’s decisions and orders
- s.112, Appeal of director’s determination
- s.113, Director’s determination may be suspended
- s.114, After an appeal is requested
- s.115, Tribunal’s orders
- s.116, Reconsideration of orders and decisions