September 16, 2016
Appeal Processes Under the Employment Standards Act
The Employment Standards Tribunal is an independent body from the Employment Standards Branch. The Branch is an investigative body, whereas the Tribunal is an adjudicative/judicial body. Employers or employees who are dissatisfied with determinations made at the Branch level may appeal to the Tribunal.
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.
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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.
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