Department of Community Services
Labour Services
Employment Standards Board
The following questions and answers are for information purposes only. For actual interpretation and application purposes refer to the Employment Standards Act and regulations, or contact an Employment Standards Officer in the Labour Services Office on the 3rd Floor of the Law Centre, 2130-2nd Avenue, Whitehorse, Yukon or call (867) 667-5944 (toll free within the Yukon 1-800-661-0408 extension 5944).
- What is the Employment Standards Board?
- What are some of the powers of the board?
- Who sits on the board?
- What is the length of a board member's term?
- Are board members paid?
- Does the whole board hear every matter?
- Who has the "deciding vote"?
- How soon must the board take action on a matter?
- How are inquiries conducted?
- Who may appear before the board?
- Are board decisions final and binding?
- What is the Employment Standards Board?
The Employment Standards Board is a quasi-judicial body comprised of representatives from the business and labour community. The board is not a court but it is empowered by the Employment Standards Act to hear complaints and appeals, to make decisions and orders, to give declaratory opinions, and to fulfil any other functions and duties referred to it.
- What are some of the powers of the board?
The board has the authority to make orders fixing the minimum wage and to establish minimum call-in hours, maximum deductions for room and board, and equipment charges, among other things. Before these orders of the board come into effect, they must be approved by the Cabinet of the Yukon Government.
- Who sits on the board?
The board consists of 5 persons appointed by the Minister of Community Services. There is an impartial chairperson, 2 persons representing employers and 2 persons representing employees.
- What is the length of a board member's term?
Members are appointed for 3 years or less if indicated by the Minister, and are eligible for re-appointment upon expiry of their term.
- Are board members paid?
Members receive remuneration for each day that duties are performed as a board member. If members must travel out of town to attend to board business, their expenses are paid.
- Does the whole board hear every matter?
The chairperson can appoint a panel of one or more Board members to hear a matter. The panel has all the powers of the board.
- Who has the "deciding vote"?
If there is no majority decision, the presiding chairperson's decision is the decision of the board or panel.
- How soon must the board take action on a matter?
The board must begin its inquiry within 14 days of having a matter referred.
- How are inquiries conducted?
The board may hold a hearing or accept written submissions. The board will ensure that all the parties have the opportunity to present evidence or to make submissions.
- Who may appear before the board?
The "parties to a proceeding" are the employer, the employee, the Director or the Director's authorized representative and any other person the board specifies. All parties are entitled to be represented by a lawyer or an agent if they wish.
- Are board decisions final and binding?
All orders or decisions of the board are final and binding except for an order of the board relating to the appeal of a certificate. That order can be appealed to the Yukon Supreme Court.
The board may on its own motion review and change or revoke an order or decision within 14 days of making the original order or decision.