Appealing the Officer’s Decision to an Adjudicator
Any appeal of an Officer’s decision involving harassment or discriminatory action is to be heard by an adjudicator. An appeal must be filed in writing with the Director of Occupational Health and Safety within 15 business days of the date the Officer’s decision was received by the person.
The Director will notify the Labour Relations Board. The Registrar of the Labour Relations Board is informed that an appeal has been filed. The Registrar is responsible for:
- appointing an adjudicator; and
- consulting with the adjudicator and the parties involved to set:
- a time;
- a date; and
- a place for the hearing.
The Director will forward to the appointed adjudicator the Notice of Appeal, all information in the Director’s possession that is related to the appeal, and a list of all persons who are directly affected by the decision.
Following the hearing, the adjudicator can choose to allow the appeal, dismiss the appeal or vary the decision being appealed.
The adjudicator must provide a written decision to the Labour Relations Board, the Director of Occupational Health and Safety, and any other party to the appeal within 60 days after the date of the hearing of the appeal is completed or one year from the date the adjudicator was selected, whichever is the earliest of the two. If the timeline is passed and a decision has not been made, any party to the appeal may apply to the Court of Queen’s Bench for an order directing the adjudicator to provide his/her decision.
Adjudicators are independent of the Occupational Health and Safety Division and are responsible for hearing all evidence and arguments from each party. They determine how a hearing will be conducted. They are not bound by the normal rules of evidence, meaning that they may accept any evidence they consider to be appropriate.
Appealing the Adjudicator’s Decision to the Labour Relations Board
If the person or persons who are directly affected by the decision or the Director of Occupational Health and Safety does not agree with the adjudicator’s decision, a Notice of Appeal may be filed with the Labour Relations Board within 15 business days of receiving the decision. An appeal to the Labour Relations Board can only be based on a question of law.
The Board has the authority to affirm, amend or cancel the adjudicator’s decision. They can also send the decision back to the adjudicator for amendment with any directions that the Board considers appropriate. Once an appeal is submitted to the Board, the adjudicator’s decision is still in effect, unless the Board orders otherwise.
Appealing the Board’s Decision to the Court of Appeal
An application for leave to appeal the Board’s decision can be made to the Court of Appeal within 15 business days of receiving the Board’s decision. This Court will then determine if it will hear the appeal.