Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

employment standards act part 12– Employment Standards Tribunal

ESA Section 110 - Finality of tribunal's decisions and orders

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the conclusiveness of a tribunal decision as it relates to other possible reviews or appeals in the courts or otherwise.

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Text of Legislation

110 (1) The tribunal has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an appeal or reconsideration under Parts 12 and 13 and to make any order permitted to be made.
(2) A decision or order of the tribunal on a matter in respect of which the tribunal has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

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Policy Interpretation

The Employment Standards Tribunal has the authority to hear appeals under the Employment Standards Act. The tribunal’s decisions are binding and are not subject to an appeal on the merits. A court can only review a decision of the tribunal to make sure it did not exceed its jurisdiction, make an error of law or fail to observe the principles of natural justice.

The Employment Standards Tribunal may, upon application or on its own motion, may reconsider any order or decision. 

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Related Information

Related sections of the Act or Regulation

Other
Administrative Tribunals Act, [SBC 2004] c.45

Judicial Review Procedure Act, [RSBC 1996] c. 241

See Employment Standards Tribunal website at www.bcest.bc.ca/

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