New Brunswick’s Labour and Employment Board: Inspections and Complaints

As an employer in New Brunswick, it is important to understand the role and responsibilities of the Labour and Employment Board to ensure that your business is compliant.

The board is tasked with enforcing employment standards legislation, including workplace safety, wages, and hours of work. One way the Labour and Employment Board ensures compliance is through workplace inspections. Inspectors have the authority to visit any workplace in the province to check for compliance with employment standards, such as minimum wage, overtime, and vacation time. They may also check for compliance with workplace safety regulations, such as the use of personal protective equipment and the provision of adequate training for hazardous tasks.

In addition to inspections, the Labour and Employment Board also responds to complaints from employees and employers. If an employee believes that their rights have been violated, they can file a complaint with the board. The board will investigate the complaint and take appropriate action if necessary.

What is the Employment Standards Act?

The Employment Standards Act (“ESA”) is a piece of legislation in New Brunswick that outlines the rights and responsibilities of employers and employees in areas such as wages, hours of work, vacation time, and overtime pay.

What are some critical employment standards all New Brunswick employers must follow?

All New Brunswick employers must follow critical employment standards, such as paying at least the minimum wage, providing adequate breaks and time off, and ensuring a safe and healthy workplace for employees. Employers are also required to keep accurate records of employee hours worked and wages paid.

What are some basic employee rights under the ESA?

Some basic employee rights under the ESA  include the right to be paid at least the minimum wage, the right to overtime pay for hours worked over 44 hours in a week, and the right to take unpaid, job-protected leave for certain reasons such as illness or family emergencies.

How does the Board ensure compliance with the ESA?

The Labour and Employment Board ensures compliance with the ESA through workplace inspections and responding to complaints from employees and employers. During an inspection, inspectors will check for compliance with employment standards and workplace safety regulations. If a violation is found, the board may take enforcement action such as issuing fines or orders to correct the violation.

Employment Standards claims in New Brunswick

How can employees file a claim with the Labour and Employment Board for an alleged ESA violation?

Employees can file a claim with the Labour and Employment Board for an alleged ESA violation by completing a claim form and submitting it to the board. Claims may be related to issues such as unpaid wages, vacation pay, or termination pay. Claims cannot be filed for issues related to discrimination or harassment.

In what cases can a claim not be filed?

Claims cannot be filed with the Labour and Employment Board for issues related to discrimination or harassment. These types of claims must be filed with the New Brunswick Human Rights Commission.

How does the division carry out prosecutions?

The division carries out prosecutions by investigating alleged violations of the ESA or workplace safety regulations and gathering evidence. If there is enough evidence to support a prosecution, the division may lay charges and take the matter to court.

What happens during an ESA inspection?

During an ESA inspection, inspectors will check for compliance with employment standards and workplace safety regulations. Inspectors may also check for compliance with regulations related to things like vacation pay, overtime pay, and termination pay. If a violation is found, the inspector may issue an order to correct the violation or issue a fine.

Health and safety inspections

How does the division ensure compliance with health and safety laws?

The division ensures compliance with health and safety laws through workplace inspections. Inspectors may conduct inspections on the basis of a complaint or proactively to ensure compliance with regulations. During an inspection, inspectors will check for compliance with workplace safety regulations and may issue orders or fines for violations.

On what grounds can inspectors conduct workplace health and safety inspections?

Inspectors can conduct workplace health and safety inspections on the grounds of a complaint or proactively to ensure compliance with regulations.

What happens during a proactive health and safety inspection?

During a proactive health and safety inspection, inspectors will check for compliance with workplace safety regulations and may issue orders or fines for violations. Inspectors may also provide education and guidance to employers to help them improve their workplace safety practices.

What other enforcement powers do Labour and Employment Board inspectors exercise?

Labour and Employment Board inspectors have other enforcement powers, including the power to issue orders to correct violations and the power to prosecute employers for non-compliance with the ESA or health and safety regulations.

Can employers appeal an inspector’s order?

Employers can appeal an inspector’s order by requesting a review or by filing an appeal with the Labour and Employment Board.

How does workplace insurance work?

Workplace insurance provides coverage for employees who are injured or become ill as a result of their work. Employers in New Brunswick are required to have workplace insurance through WorkSafeNB to provide coverage for employees. Workplace insurance covers medical expenses, wage loss, and rehabilitation costs related to a workplace injury or illness.

What is the procedure for businesses to report an employee’s injury or illness?

If an employee is injured or becomes ill as a result of their work, their employer is required to report the incident to WorkSafeNB within three days. Employers can report an incident online, by phone, or by mail.

Is there a reporting deadline for reporting injuries?

Yes, employers are required to report workplace injuries or illnesses to WorkSafeNB within three days of the incident occurring.

What can employees do if an employer refuses to report their accident?

If an employer refuses to report an employee’s workplace injury or illness to WorkSafeNB, the employee can file a report themselves. The employee should report the incident to WorkSafeNB as soon as possible to ensure that they receive the appropriate coverage and benefits.

Can employers and employees appeal a decision?

Yes, employers and employees can appeal a decision made by the Labour and Employment Board. The appeal must be filed within 90 days after the original decision date.

How to respond to employee complaints to the Labour and Employment Board

Employers should take all employee complaints to the Labour and Employment Board seriously and respond promptly. Employers should work to resolve the issue in a timely manner and ensure that they are in compliance with all applicable employment standards and workplace safety regulations. If necessary, employers should seek legal advice to ensure that they are meeting their obligations under the law.

Do you need help staying compliant with provincial employment laws?

As an employer, it is your responsibility to make sure that your workplace meets the province’s employment standards. Failure to comply with these standards can result in fines and legal action, which can be costly for your business.

By promoting a safe and fair working environment, you can create a positive workplace culture that benefits both workers and the business. If you need assistance staying compliant with New Brunswick’s employment standards, Peninsula’s services allow you to receive quality advice on any employment issues you may have. Contact us at 1 (833) 247-3652 to speak with one of our experts today.