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APPEALS
Appeal Form

RECONSIDERATIONS

DECISIONS

JUDICIAL REVIEWS

Overview

The Employment Standards Act (the "Act") establishes the Employment Standards Tribunal (the "Tribunal") as an independent agency and the only body with the legal authority that can hear and decide appeals of determinations made by the Director of Employment Standards (the “Director”).

A person served with a determination may appeal it to the Tribunal on one or more of the following grounds:

• the Director erred in law;
• the Director failed to observe the principles of natural justice in making the determination;
• evidence has become available that was not available at the time the determination was being made.

The burden is on the Appellant to show that the determination should be cancelled or varied in some way, or referred back to the Director.

• Appeal Overview
• Who is Involved
• How to Make an appeal
• Time Limit for Filing an Appeal
• Extension of Appeal Period
• Tribunal will Assess the Appeal
• Notifying the other Parties about the Appeal
• How to Respond to an Appeal
• If a Response does not Fulfill Requirements
• Tribunal Will Assess the Response
• Final Reply
• Type of Hearing
• Power of Panel
• Interpreters and other Accommodations
• The Decision