Acts and Regulations

E-7.2 - Employment Standards Act

Full text
Procedure to be followed by Director
62(1)Subject to subsections (2) and (3), where the Director is satisfied that the allegations contained in a complaint disclose a violation of Part III, or a denial of a right or benefit arising under Part III, the Director shall act upon the complaint and, where mediation is not attempted under section 64 or is unsuccessful, shall cause an investigation to be undertaken with respect thereto.
62(1.1)The Director may cause an investigation to be undertaken in subsection (1) by referring the complaint to an Employment Standards Officer under section 64.1.
62(2)The Director shall not act upon a complaint unless satisfied that the person making the complaint, or the person identified in the complaint as the person who has been denied a right or benefit under Part III or in respect of whom it is alleged that Part III was violated, is unable to grieve the subject matter of the complaint under the provisions of a collective agreement.
62(3)The Director shall not act upon a complaint if it is or has been the subject matter of a proceeding before a court of competent jurisdiction within New Brunswick.
62(4)Where the Director has agreed to keep confidential the identity of the complainant the Director may refuse to act upon the complaint or to proceed with an investigation where the Director is satisfied that to keep confidential the identity of the complainant would unduly impede the investigation of the complaint or would be unfair to a person against whom an allegation has been made in the complaint.
1984, c.42, s.32; 2013, c.13, s.5; 2022, c.33, s.31
Procedure to be followed by Director
62(1)Subject to subsections (2) and (3), where the Director is satisfied that the allegations contained in a complaint disclose a violation of Part III, or a denial of a right or benefit arising under Part III, he shall act upon the complaint and, where mediation is not attempted under section 64 or is unsuccessful, shall cause an investigation to be undertaken with respect thereto.
62(1.1)The Director may cause an investigation to be undertaken in subsection (1) by referring the complaint to an Employment Standards Officer under section 64.1.
62(2)The Director shall not act upon a complaint unless he is satisfied that the person making the complaint, or the person identified in the complaint as the person who has been denied a right or benefit under Part III or in respect of whom it is alleged that Part III was violated, is unable to grieve the subject matter of the complaint under the provisions of a collective agreement.
62(3)The Director shall not act upon a complaint if it is or has been the subject matter of a proceeding before a court of competent jurisdiction within New Brunswick.
62(4)Where the Director has agreed to keep confidential the identity of the complainant he may refuse to act upon the complaint or to proceed with an investigation where he is satisfied that to keep confidential the identity of the complainant would unduly impede the investigation of the complaint or would be unfair to a person against whom an allegation has been made in the complaint.
1984, c.42, s.32; 2013, c.13, s.5
Procedure to be followed by Director
62(1)Subject to subsections (2) and (3), where the Director is satisfied that the allegations contained in a complaint disclose a violation of Part III, or a denial of a right or benefit arising under Part III, he shall act upon the complaint and, where mediation is not attempted under section 64 or is unsuccessful, shall cause an investigation to be undertaken with respect thereto.
62(2)The Director shall not act upon a complaint unless he is satisfied that the person making the complaint, or the person identified in the complaint as the person who has been denied a right or benefit under Part III or in respect of whom it is alleged that Part III was violated, is unable to grieve the subject matter of the complaint under the provisions of a collective agreement.
62(3)The Director shall not act upon a complaint if it is or has been the subject matter of a proceeding before a court of competent jurisdiction within New Brunswick.
62(4)Where the Director has agreed to keep confidential the identity of the complainant he may refuse to act upon the complaint or to proceed with an investigation where he is satisfied that to keep confidential the identity of the complainant would unduly impede the investigation of the complaint or would be unfair to a person against whom an allegation has been made in the complaint.
1984, c.42, s.32