«Guide to the Nova Scotia Labour Standards Code Purpose of this Guide The purpose of this Guide is to help people understand how Nova Scotia Labour ...»
The officer will first try to resolve the complaint by asking the parties if they want to settle the matter. If the parties are interested in settling, the officer will facilitate settlement discussions.
Settlement allows the parties to decide what they think would be a fair resolution to the complaint. If the parties do not want to settle, or if settlement discussions do not lead to an agreement, the officer will investigate the complaint. In some cases the complaint may be reassigned to another officer for further investigation.
During the investigation, the officer will collect information from the parties. As part of the investigation, the respondent may need to give the officer information such as payroll records, pay stubs, time sheets, records of disciplinary action taken against an employee and workplace policies. The officer may need to interview witnesses who have information about the complaint. At any point in the investigation, a respondent may decide to settle the complaint or a complainant may decide to withdraw the complaint. A complainant may withdraw the complaint if, for example, he/she feels the evidence does not support it.
Making a Decision If the complaint is not resolved during the investigation, the officer will complete the investigation and make a decision based on the best evidence available.
The Labour Standards Code says that employers must keep records showing they met the minimum standards of the Code. If the employer does not have good records, they may not be If an officer decides that money is owed to a complainant, and how much is owed, the parties cannot agree to settle the complaint for less than the amount owed.
When the officer issues a formal decision, called a Director’s Order, the parties can either comply with the decision or, if they disagree with it, they can appeal it to the Labour Board.
Sharing Information Information that we collect is shared with the parties. Usually the information is communicated to the parties verbally by the officer or through a letter.
Appealing a Decision to the Labour Board The Labour Board is not part of the Labour Standards Division. It is a completely separate and independent body from the Labour Standards Division.
If an employer or recruiter decides to appeal a Labour Standards decision ordering pay, they will need to file an appeal form with the Labour Board, and also provide the Board with either 1) the amount ordered by Labour Standards or $2000, whichever is less, or 2) a bond for the full amount ordered. The payment will be held by the Board until the appeal process is completed.
Depending on the outcome of the appeal, a portion or all of the payment may be paid to the complainant or it may be returned to the employer or recruiter.
For information about the appeal process, contact the Labour Board at 424-6730 or 1-877-424- 6730 (toll free in NS).