How to Appeal a Decision

After an investigation, if you and the party your complaint is against have not settled, Labour Standards will issue a Director's Order (a decision about the case). Your case will either be dismissed or the other party will be ordered to comply with the Labour Standards Code by, for example, paying money owed to you.

Appealing

Once you receive the decision, you have two choices. You can either accept the decision and comply with it, or you can appeal the decision to the Labour Board. To appeal a decision you must do three things:

1. Get an appeal form by:

• calling: 902-424-6730 or
• downloading the form or
• picking it up from one of our offices:
    7th floor, 5151 Terminal Road, Halifax, NS or
    360 Prince Street, Sydney, NS

2. Complete the appeal form

3. File the form within 10 working days

File the completed appeal form with the Labour Board within 10 working days of receipt of the Director's Order. If you do not return the form within 10 days, your right to appeal lapses. That means you may lose your right to appeal.

About the Labour Board

The Labour Board is an independent body established to hear appeals under the Labour Standards Code. The Board is made up of three members. The Board members will hear evidence and the circumstances surrounding the case for the first time on the day of the hearing. It is their job to make a fair decision according to the provisions of the Labour Standards Code. The Board will only consider evidence presented at the hearing.

How to prepare for an appeal hearing

Once the Labour Board receives the appropriate form, it will set an appeal hearing date. Before the hearing, carefully review the provisions of the Labour Standards Code and gather all evidence you may need to present during the hearing, including subpoena of witnesses. You should also consider whether you will need legal counsel to help you present your case.

During an appeal hearing

At the hearing, the Director's Order will be presented and considered. You will have the opportunity to present evidence in your favour. The other party may also make arguments and introduce evidence. After all evidence has been presented, both sides are able to give argument or sum up their respective positions.

After an appeal hearing

The Labour Board will issue a written decision after the hearing, usually within 30 days.