Is there a requirement that an Employment Standards Officer engaged in her investigative and decision-making duties conduct a formal hearing?

Ontario, Canada


The following excerpt is from Heynen v. Frito-Lay Canada Ltd., 1997 CanLII 12338 (ON SC):

26 I do not agree with this submission. There is no requirement that an Employment Standards Officer engaged in her investigative and decision-making duties conduct a formal hearing with all of the procedural accoutrements associated with such a hearing. In Downing v. Graydon, Blair J.A. said, at p. 310: There are no rigid rules of procedure which must be followed to satisfy the requirements of natural justice. Courts have been careful not to place decision-making officials and tribunals in a procedural strait-jacket and, in particular, not to require them to hold judicial type hearings in every case. The purposes of beneficent legislation must not be stultified by unnecessary judicialization of procedure. The presentation of this case suffered from the initial misconception that the right to know and to reply required a full‑scale hearing. That is not so. The appropriate procedure depends on the provisions of the statute and the circumstances in which it has to be applied.

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