Referee Hearings

The decision of the inspector has been APPEALED

The investigation conducted by the Inspector under the Code has resulted in a payment order or notice of unfounded complaint which has now been appealed by a party of the dispute.

The Minister of Labour has made the appointment of a Referee to hear the appeal and make a decision.

The appointment of the REFEREE

Both the employer and employee will be provided a notice identifying the Referee appointed to the case. The role and authority of the Inspector now ends. All further matters will be dealt with by the Referee directly. The Referee will be in contact with the parties to arrange suitable hearing dates.

The powers of a REFEREE

In preparation for the hearing the parties should be aware that the Code gives the Referee all the powers necessary to make a sound judgment on the appeal. At the hearing, the Referee can summon witnesses, compel them to produce documents, receive evidence, administer oaths, and grant the parties the necessary time to present material and make submissions. The parties at the hearing may represent themselves, or be represented by a lawyer. Costs for such representations must be paid for by the parties themselves.

The decision of a REFEREE

In his/her decision, the Referee can confirm, revoke or change, in whole or in part, the payment order or notice of unfounded complaint originally issued by the Inspector. The Referee can also award costs in the proceedings upon appropriate presentations from the parties at the hearing.

Enforcement of the DECISION

In the event a party fails to comply with the Referee's decision, a request may be made to the Minister of Labour to file the Referee's order in the Federal Court of Canada. Once the order is registered in this Court, the HRDC-Labour Program has no statutory authority to proceed beyond this point. However, the party may now seek enforcement of the order through other avenues as with any judgment of the Federal Court.

Cat. No. RH54-18/2003
ISBN 0-662-67586-X