Difference between revisions of "Remedies in Employment Law (9:VI)"

'''NOTE:''' Employers cannot terminate, suspend, or discipline employees because they have filed, or may file, a complaint (s 83). The Branch  can order an employee’s reinstatement for contravention of this section and for violations of s 8 and Part 6.

Anyone who wishes to appeal a determination of the Director must make an application to the Employment Standards Tribunal, a separate body established under Part 12 of the Act, at the conclusion of an investigation (s 115). The request must be made within certain time limits, which depend on the manner in which the decision is served. If the decision is hand-served, faxed, or delivered electronically, an appeal must be filed within 21 days. If the decision is sent by registered  mail, an appeal must be filed within 30 days. After reviewing the decision, the Adjudicator of the Employment Standards Tribunal may confirm it, alter it, or refer it back to an officer. The appeal is decided based on the correctness of the Director’s determination. (see ''Alsip v Top Rollshutters Inc. dba Talius'', 2016 BCCA 252, and ''Howard v Benson Group Inc. (The Benson Group Inc.)'', 2016 ONCA 256).