What powers does the Director of Employment Standards have?

The Director can make a final decision on the question that an employee is not entitled to earnings or that an Employment Standards Officer was justified in refusing to investigate the complaint. There is no appeal of this decision.

On a decision concerning suspension, termination, or layoff, the Director can order reinstatement or compensation or both if he or she finds that the employee was suspended, terminated, or laid off for one of the following reasons:

• 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.

An employer or employee can appeal this decision to an Umpire. If the Director finds that there was no suspension, termination, or layoff for any of the reasons set out, there is no appeal.

An employer or employee can also appeal a decision of the Director that earnings be paid to an Umpire.

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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.