Article 56 - Investigations
(1) For the purposes of carrying out an investigation under these Regulations, where the
Employment Standards Office considers that a person is or may be able to give information or produce a document which is or may be relevant to an investigation, the Employment Standards Office has the power to:
(A) enter the business premises of such person during normal business hours for the purpose of inspecting and copying information or documents stored in any form on such premises;
(B) require such person to give, or procure the giving of, specified information in such form as it may reasonably require;
(C) require such person to produce, or procure the production of, specified documents;
(D) require such person to appear before it at a specified time and place to answer questions, including under oath or affirmation administered by an officer of the
Employment Standards Office that the statements that the person will make will be true; or
(E) require such person to give it any assistance in relation to the investigation which the person is able to give.
(2) A requirement made under the preceding paragraph shall be stated in writing and shall state the reasonable time period by which the information or documents shall be produced.
Employment Standards Office may refuse to accept, review, mediate, investigate or otherwise resolve a complaint or may stop or postpone any such activity if:
Employment Standards Office determines that these Regulations do not apply to the complaint;
(B) the complaint is frivolous, trivial or is not made in good faith;
(C) there is not enough evidence to prove the complaint;
Employment Standards Office, the Civil and Commercial Court or the Regulatory Tribunal has previously made a decision or an order relating to the subject matter of the complaint;
(E) the complainant has not taken the requisite steps specified by the
Employment Standards Office to facilitate resolution or investigation of the complaint; or
(F) the dispute that caused the complaint is resolved.
(5) If an investigation is conducted, and before the
Employment Standards Office makes any determination or order, the Employment Standards Office shall give the person under investigation an opportunity to be heard.
(6) During the course of an investigation, the
Employment Standards Office shall provide translation services in a language understood by the Employee, if the Employment Standards Office considers that such Employee cannot understand or communicate in English.
|Amended by QFC Reg 2012-1 (as from 11th April 2012)|