Acts and Regulations

E-7.2 - Employment Standards Act

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Failure to comply with order, further orders
75(1)Notwithstanding section 74, where an order of the Director has not been complied with the Director or any other interested person may apply to the Board for a summons requiring a person named therein to appear before the Board to show cause why the order has not been complied with and why a further order should not be made.
75(2)Where
(a) an application has been made under subsection (1); or
(b) an order of the Board has not been complied with;
the Board may issue a summons requiring a person named therein to appear before the Board to show cause why the order has not been complied with and why a further order should not be made.
75(3)Where the Board determines that a person has, without reasonable cause, failed or refused to comply with an order of the Director or the Board it may, by a further order,
(a) require that person to pay to a named person an amount to compensate the named person for loss suffered because of the failure or refusal to comply with the previous order;
(b) stipulate that the continuing failure or refusal of that person without reasonable cause to comply with the previous order will result in a penalty of a stated amount for each day the failure or refusal continues, not to exceed one thousand dollars for each such day, to be imposed by an order issued after a further show cause hearing; and
(c) where the person is a corporation, stipulate that the continuing failure or refusal of the corporation to comply with the order without reasonable cause will result in a further order imposing personal liability on each director and officer of the corporation to a penalty not exceeding that established in paragraph (b) and to be determined after a show cause hearing, unless at such hearing the officer or director establishes that they have exercised reasonable diligence to see that the order was complied with by the corporation.
75(4)Any summons issued under this part by the Board may be served outside New Brunswick, and a failure to appear by any person summoned shall not affect the authority of the Board to act.
1984, c.42, s.41; 1994, c.52, s.1; 2022, c.33, s.41
Failure to comply with order, further orders
75(1)Notwithstanding section 74, where an order of the Director has not been complied with the Director or any other interested person may apply to the Board for a summons requiring a person named therein to appear before the Board to show cause why the order has not been complied with and why a further order should not be made.
75(2)Where
(a) an application has been made under subsection (1); or
(b) an order of the Board has not been complied with;
the Board may issue a summons requiring a person named therein to appear before the Board to show cause why the order has not been complied with and why a further order should not be made.
75(3)Where the Board determines that a person has, without reasonable cause, failed or refused to comply with an order of the Director or the Board it may, by a further order,
(a) require that person to pay to a named person an amount to compensate him for loss suffered because of the failure or refusal to comply with the previous order;
(b) stipulate that the continuing failure or refusal of that person without reasonable cause to comply with the previous order will result in a penalty of a stated amount for each day the failure or refusal continues, not to exceed one thousand dollars for each such day, to be imposed by an order issued after a further show cause hearing; and
(c) where the person is a corporation, stipulate that the continuing failure or refusal of the corporation to comply with the order without reasonable cause will result in a further order imposing personal liability on each director and officer of the corporation to a penalty not exceeding that established in paragraph (b) and to be determined after a show cause hearing, unless at such hearing the officer or director establishes that he has exercised reasonable diligence to see that the order was complied with by the corporation.
75(4)Any summons issued under this part by the Board may be served outside New Brunswick, and a failure to appear by any person summoned shall not affect the authority of the Board to act.
1984, c.42, s.41; 1994, c.52, s.1
Failure to comply with order
75(1)Notwithstanding section 74, where an order of the Director has not been complied with the Director or any other interested person may apply to the Board for a summons requiring a person named therein to appear before the Board to show cause why the order has not been complied with and why a further order should not be made.
Failure to comply with order
75(2)Where
(a) an application has been made under subsection (1); or
(b) an order of the Board has not been complied with;
the Board may issue a summons requiring a person named therein to appear before the Board to show cause why the order has not been complied with and why a further order should not be made.
Further orders that may be issued by Board
75(3)Where the Board determines that a person has, without reasonable cause, failed or refused to comply with an order of the Director or the Board it may, by a further order,
(a) require that person to pay to a named person an amount to compensate him for loss suffered because of the failure or refusal to comply with the previous order;
(b) stipulate that the continuing failure or refusal of that person without reasonable cause to comply with the previous order will result in a penalty of a stated amount for each day the failure or refusal continues, not to exceed one thousand dollars for each such day, to be imposed by an order issued after a further show cause hearing; and
(c) where the person is a corporation, stipulate that the continuing failure or refusal of the corporation to comply with the order without reasonable cause will result in a further order imposing personal liability on each director and officer of the corporation to a penalty not exceeding that established in paragraph (b) and to be determined after a show cause hearing, unless at such hearing the officer or director establishes that he has exercised reasonable diligence to see that the order was complied with by the corporation.
75(4)Any summons issued under this part by the Board may be served outside New Brunswick, and a failure to appear by any person summoned shall not affect the authority of the Board to act.
1984, c.42, s.41; 1994, c.52, s.1