The Tribunal has broad powers and may conduct an appeal or other proceeding in whatever manner it considers necessary. Further, the Tribunal may proceed to determine a matter without holding an oral hearing.

Appeals of determinations proceed to the Tribunal as hearings as if they were original applications. This means that the parties are entitled to present evidence before the Tribunal in support of their respective positions.

Decisions of the Tribunal are protected by a provision which renders decisions or orders of the Tribunal final and conclusive and not open to question or review in the courts on any grounds. As a result, a decision of the Tribunal will be set aside by a court on judicial review only if the decision is either outside the jurisdiction of the Tribunal or is so patently unreasonable as to justify the interference of the courts.

Nevertheless, the Tribunal has the power to reconsider its own decisions. This reconsideration power has been held to be an extraordinary remedy and is exercised in only the most serious cases.

For more information concerning enforcement measures and penalties, visit:

Interpretation Manual – Section 110 – Exclusive Jurisdiction of Tribunal

Interpretation Manual – Section 112 – Grounds for Appeal

Interpretation Manual – Section 114 – Tribunal’s Authority to Dismiss Appeals

Interpretation Manual – Section 115 – Tribunal’s Disposition of Appeal

Interpretation Manual – Section 116 – Reconsideration of Orders & Decisions

Information provided by Ryan Anderson, an employment lawyer with Mathews Dinsdale & Clark LLP. The information provided in this article is necessarily of a general nature and must not be regarded as legal advice. For more information about Mathews Dinsdale & Clark LLP, please visit mathewsdinsdale.com.

Follow us on Facebook, LinkedIn & Twitter for updates on all of the latest in BC’s tourism and hospitality industry.
Sign up to our monthly newsletter, and never miss out on our updates.

go2HR holds the highest standards towards helping you the ideal solutions in all Tourism & Hospitality, Human Resources, and Health & Safety services.  Get in touch with our team today.