Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations
EMPLOYMENT STANDARDS ACT - PART 10 - COMPLAINTS, INVESTIGATIONS AND DETERMINATIONS
ESA Section 82 – No other proceedings
This section explains the restrictions on a complainant to recover wages under another proceeding after a determination has been issued.
82. Once a determination is made requiring payment of wages, an employee may commence another proceeding to recover them only if
(a) the director has consented in writing, or
(b) the director or the tribunal has cancelled the determination.
Employees are not permitted to start alternative actions to collect unpaid wages once the director has made a determination to collect those wages on their behalf, without first obtaining written consent from the director. The director may consent to an employee’s request to start another action while a determination is in place. If consent is given the director would normally cease all action relating to the complaint.
Where a determination has been issued an employee may only commence another proceeding to recover the payment of wages if the director or tribunal cancels the determination. If the director refuses to cancel the determination the employee is prohibited from trying to collect the wages.
Related sections of the Act or Regulation
- s.1, Definition “determination”
- s.76, Investigations
- s.79, Determinations and consequences
- s.80, Limit on amount of wages required to be paid
- s.86, Power to reconsider
- s.110, Finality of tribunal’s decisions and orders
- s.115, Tribunal’s orders
- s.118, Right to sue preserved