Opportunity to Respond - Act Part 10, Section 77

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section explains who is responsible for providing reasonable opportunity for a complainant to respond post-investigation. 

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Text of Legislation

77. If an investigation is conducted, the director must make reasonable efforts to give a person under investigation an opportunity to respond.

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Policy Interpretation

The director will make reasonable efforts to contact the parties against whom an allegation of a contravention of the Act has been made.

Notification may be by telephone, fax, letter, or personal visit. If, after such reasonable efforts have been made, the person does not respond, a decision may be made based on the information available.

Failure to participate in the director’s investigation cannot be remedied through an appeal to the Employment Standards Tribunal. The Tribunal will not consider arguments or evidence that could have been provided to the director at the investigative stage.

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Related Information

Employment Standards Tribunal Decisions

Kaiser Stables Ltd.; B.C. EST #D058/97.

Emmanual's House of Dosas, BC EST D#006/11.

Related sections of the Act or Regulation

ESA

• s.1, Definition “employee”
• s.1, Definition “employer”
• s.2, Purposes of the Act
• s.74, Complaint and time limit
• s.75, If complainant requests identity be kept confidential
• s.76, Investigations
• s.79, Determinations and consequences
• s.81, Notifying others of determination
• s.85, Entry and inspection powers
• s.95, Associated employers
• s.96, Corporate officer’s liability for unpaid wages
• s.97, Sale of business or assets
• s.98, Monetary penalties
• s.101, Publication of violators’ names

ESR

• s.47, Complaints of contraventions of this regulation