‘Vacations and other clerical absences are both foreseeable and not an excuse for non-compliance’
A Nova Scotia employer has been denied the right to challenge a wrongful dismissal order worth $6,169 after failing to meet a strict 10-day appeal deadline, even though it filed paperwork on time.
The Nova Scotia Labour Board dismissed Target Park Group's appeal application because the company's $2,000 security payment arrived nearly a month late, with vice-chair Raffi Balmanoukian ruling that a staff vacation was no excuse for the delay.
The employee, Devin McIsaac, was dismissed on October 31, 2023, and filed a complaint 17 days later. After a hearing, the Director of Labour Standards found Target liable and issued an order on June 25, 2025. Target attempted to appeal on July 9, 2025 — one day before the deadline — but sent the required security payment by mail instead of including it with the electronic filing.
Target's legal representative submitted the Notice of Appeal by email on July 9, noting the payment would be sent separately. The board immediately responded the same day, clarifying that "the appeal cannot be deemed filed with the board until payment is received and verified." Despite this warning, the cheque dated July 25, 2025 didn't arrive until August 5, 2025.
Under Nova Scotia's Labour Standards Code, employers must file appeals within 10 business days and include either the full amount owed or $2,000 as security,...
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