Nunavut Labour Board

Appeals to the Board​

GUIDELINES FOR FILING APPEALS AND MAKING WRITTEN SUBMISSIONS TO THE BOARD

(Last amended on October 10, 2017)

The Labour Standards Act provides a right of appeal to the Board on a decision or order of the Labour Standards Officer (s. 45(1)). The Act also provides that, if a party disagrees with a wage certificate issued by the Labour Standards Officer, they may challenge the Labour Standards Officer’s findings before the Board (s. 53(1) and (2)).

 

These Guidelines apply to all appeals to the Board of any decisions made or wage certificates issued by the Labour Standards Officer.

FILING THE APPEAL

  1. Your Notice of Appeal must be in writing and must contain the following information:
    • name(s) (full name if Appellant is an individual; otherwise the Appellant’s formal name)
    • contact information, and name of contact person, if applicable:
      • telephone number
      • fax number
      • mailing address
      • email address (email is the preferred method of communication with the Board and will be the primary means of correspondence if an email address is provided)
    • lawyer’s name and contact information, if applicable
    • date of the decision or certificate being appealed and names of parties to the decision or certificate (attach a copy of the decision or certificate to the Notice of Appeal)
    • brief summary of the facts
    • brief summary of the reasons for the appeal
    • supporting documentation
  2. You may submit your Notice of Appeal to the Board by email, fax, regular mail, or by personal delivery.
  3. The Notice of Appeal must be received by the Board by the date stated in the Labour Standard Officer’s cover letter.

RESPONSE TO APPEAL AND REPLY

  1. The Board will provide a copy of the Notice of Appeal and any supporting documents to the Respondent as soon as possible.
  2. The Respondent may submit a written response to the Board briefly explaining any disagreement with either the facts or the reasons as set out in your Notice of Appeal and attaching any additional supporting documentation.
  3. The Board will provide you with a copy of the Respondent’s response.
  4. You may submit a reply to the response relating to any new information contained in the response that was not already addressed in the Notice of Appeal.

SUPPORTING DOCUMENTATION

  1. Supporting documentation submitted by the parties must be relevant to the matters in dispute and organized in accordance with the written submission.

INFORMATION OBTAINED BY THE BOARD (RE WAGES)

  1. The Board will decide what investigation it will conduct and will provide copies of any information it obtains to the parties and allow them to make further representations regarding that new information.

SUPPLEMENTARY WRITTEN SUBMISSIONS

  1. The Board will provide the parties with notice of the hearing at least 30 days before the hearing date.
  2. In addition to the Notice of Appeal, you may submit supplementary submissions before the hearing. Such submissions must be received by the Board at least 21 days before the hearing date. The Board may also, in its discretion, direct you to submit an additional submission.
  3. The Board will provide a copy of your supplementary submission (including supporting material) to the Respondent.
  4. The Respondent may respond to your material in the form of a responding submission, which must be received by the Board at least 14 days before the hearing date.
  5. The Board will provide you with a copy of the responding submission (including supporting material) to you.
  6. You may reply to the Respondent’s material in the form of a reply submission, which must be received by the Board at least 5 days before the hearing date.
  7. The Board will provide a copy of the reply submission (including supporting material) to the Respondent.

BOARD HEARINGS

  1. The Board normally hears appeals and makes decisions based on written submissions only (written hearings).
  2. No oral hearings are held unless specifically directed by the Board. The Board will hold oral hearings only in exceptional circumstances where, in the Board’s opinion, a party’s oral representation is essential for the Board to make an appropriate decision.
  3. The Board may hold more than one hearing on an appeal if it is necessary.
  4. The Board may, at its discretion, adjourn a hearing or grant a reasonable request for adjournment from a party.

DECISION OF THE BOARD

  1. The written decision of the Board will generally be issued within 3 months after the hearing of an appeal is concluded.