No Other Proceedings - Act Part 10, Section 82

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section explains the restrictions on a complainant to recover wages under another proceeding after a determination has been issued. 

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Text of Legislation

82. Once a determination is made requiring payment of wages, an employee may commence another proceeding to recover them only if

(a) the director has consented in writing, or

(b) the director or the tribunal has cancelled the determination.

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Policy Interpretation

Subsection (a)

Employees are not permitted to start alternative actions to collect unpaid wages once the director has made a determination to collect those wages on their behalf, without first obtaining written consent from the director. The director may consent to an employee’s request to start another action while a determination is in place. If consent is given the director would normally cease all action relating to the complaint.

Subsection (b)

Where a determination has been issued an employee may only commence another proceeding to recover the payment of wages if the director or tribunal cancels the determination. If the director refuses to cancel the determination the employee is prohibited from trying to collect the wages.

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Related Information

Related sections of the Act or Regulation

ESA

• s.1, Definition “determination”
• s.76, Investigations
• s.79, Determinations and consequences
• s.80, Limit on amount of wages required to be paid
• s.86, Power to reconsider
• s.110, Finality of tribunal’s decisions and orders
• s.115, Tribunal’s orders
• s.118, Right to sue preserved