Alberta > Labour Law > Enforcement of Employment Standards:What happens when a matter is appealed to an Umpire?In order for the matter to reach an Umpire, a notice of appeal must be served on the Registrar of Appeals within 21 days of the date of service of the decision of the Director. The procedure before an Umpire is more like a hearing with each party being given the opportunity to present a case. The hearing is not as formal as a court hearing and the Umpire is not bound by the rules of evidence, but must follow the rules of natural justice in giving each party a fair hearing. The procedure may even be carried out by video conferencing. An Umpire will make an award, which has to be in writing and made available to each party. There is no appeal from an Umpire's award, although it would be possible to seek judicial review of the decision in the courts if the requirements for judicial review were present. The law in the area of judicial review is complex for which the opinion of a lawyer should be sought.
June 2006 |
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