What happens after an investigation by an Employment Standards Officer?

The officer might offer to mediate the issue between an employee and employer. If that is not an option or is not successful, the officer will decide whether the employee has a valid complaint. If the officer decides that the complaint is not valid, he or she must serve the employee with notice of the decision. The employee can appeal the decision to the Director of Employment Standards within 21 days.

If an officer decides that wages are due to the employee and is not able to settle the matter between the employer and employee, he can order the employer to pay the employee. This decision can be appealed by employer or employee to another officer called an Umpire.

If the officer decides that the employee was suspended, the job was terminated, or the employee was laid off for a reason set out below, the officer will refer the complaint to the Director of Employment Standards. The possible reasons for being inappropriately laid off are

• while on maternity leave or adoption leave;
• because garnishment proceedings are being taken against the employee;
• because the employee gave or is going to give evidence in a case arising from the Employment Standards Code;
• because the employee has asked for something he or she is entitled to under the Employment Standards Code; or
• because the employee is about to make a statement required under the Employment Standards Code.

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WARNING: The contents of these FAQs are intended as general legal information only.
If you have a personal problem, please consult a lawyer.