Supreme Court

Decision Information

Echo Bay Mines Ltd. v Labour Standards Board

Court Supreme Court
Date 1992-05-19
Other citations (sub nom. Echo Bay Mines Ltd. v. Labour Standards Board) 92 C.L.L.C. 14 – [1992] N.W.T.R. 289 – 046 (S.C.)
File numbers CV 03405
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
Nicholson v. Haldimand-Norfolk (Regional Municipality) Commissioners of Police, [1979] 1 S.C.R. 311
Echo Bay Mines Ltd. v. Northwest Territories (Labour Standards Board) (1990), [1991] N.W.T.R. 79 (S.C.)
Martineau v. Matsqui Institution Disciplinary Board, [1980] 1 S.C.R. 602
Cardinal v. Kent Institution, [1985] 2 S.C.R. 643
Hallett v. Northwest Territories (Minister of Personnel), [1987] N.W.T.R. 263 (S.C.)
Oakwood Development Ltd. v. St. Francis Zavier (Rural Municipality), [1985] 2 S.C.R. 164
S.E.I.U., Local 333 v. Nipawin District Staff Nurses' Association, [1974] 1 S.C.R. 382
Murray v. Rockeyview (Municipal District No. 44) (1980), 12 Alta. L.R. (2d) 342

Statutes considered:
Labour Standards Act, R.S.N.W.T. 1974, c. L-1
Judicature Act, R.S.N.W.T. 1988, c. J-1
Decision information:

Abstract: Application for certiorari to quash the decision of the Labour Standards Board requiring an employer to include a provision for overtime in a permit where the employee works averaged hours under a section 8 permit. Board had also sought a memorandum from the Labour Standards Officer whose decision was under appeal. While the board could obtain such assistance as necessary from the officer in order to better understand his decision, there were procedural considerations. The Board had a duty to disclose that it had asked for this information nor was the memo provided to counsel for echo Bay and in doing so, the Board department from the requirement of fairness set out in the statute.
Decision: Application granted. Order in that nature of certiorari quashing the Board's decision granted.
Subjects: Administrative law - Natural justice and duty to act fairly
Labour law - Labour legislation - Interpretation - Provincial legislation

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