Article 57 - Determinations and orders by the Employment Standards Office
(1) Without prejudice to its other powers, the
Employment Standards Office may, if satisfied that a person has contravened a provision of these Regulations or any rule, policy or order issued thereunder, make a determination to that effect and may order the person to do one or more of the following:
(A) comply with the requirement;
(B) remedy or cease doing an act or thing; and
(C) pay any costs incurred by the
Employment Standards Office in connection with an investigation.
(2) In addition to paragraph (1) above, if satisfied that an
Employer has contravened a provision of these Regulations or any rule, policy or order issued thereunder, the Employment Standards Office may order the Employer to do one (1) or more of the following:
(A) pay all due salary payments to an
(B) pay a person compensation;
(C) pay a person any amount which the
Employment Standards Office determines is owing under any provision of these Regulations or any rules, policies or orders issued under these Regulations and any reasonable and actual out of pocket expenses incurred because of the contravention;
(D) take within a specified period, any action the
Employment Standards Office considers reasonable that eliminates or reduces the adverse effect on the complainant of any matter relating to the complaint;
(E) without prejudice to any more severe penalty stipulated in any other law, rules or regulations applying in the
QFC, the Employment Standards Office may impose a financial penalty on an Employer in accordance with Schedule 1 of these Regulations and of such amount as it considers appropriate but not exceeding the amount of the maximum penalty specified in that Schedule in respect of each contravention; or
(F) post notice, in a form and location specified by the
Employment Standards Office or in respect of
(i) a determination; or
(ii) a requirement, or information about these Regulations.
Employment Standards Office shall serve an Employer with notice of a requirement imposed under paragraphs (1) and (2) above.
(4) A person on whom the
Employment Standards Office imposes a requirement under this Article shall comply with that requirement.
(5) If satisfied that the requirements of these Regulations or any rules, policies or orders have not been contravened, the
Employment Standards Office shall dismiss the complaint.
Employment Standards Office may vary or cancel a determination if circumstances have changed.
|Amended (as from 16th June 2020)|