Ordered to pay

Employers obliged to keep accurate records on number of hours and days worked by each employee
|Canadian Employment Law Today

Agnese Minicucci filed an employment standards application for statutory holiday pay, overtime pay and vacation pay, which she asserted was owed to her by her former employer, Paradise Banquet and Convention Centre. As a result, an order to pay was issued against her former employer in the amount of $5,519.27.

Her employer filed an application with the Ontario Labour Relations Board for a review of the order to pay. The basis for the review was its position that Ms. Minicucci did not work the overtime hours claimed and that the investigation officer erred when assessing the overtime pay at 50 weeks rather than 31 weeks. The employer also claimed a set-off against an outstanding debt owing by Ms. Minicucci to the company in the amount of $4,000.

Ms. Minicucci had worked for the company for approximately 13 years until August 1999 when she resigned. She worked in the kitchen preparing and serving meals at banquets and other events held at the centre as well as preparing takeout meals. During the low season, only one other chef worked with her in the kitchen. During the high season, other staff were brought in to help in the kitchen.