Unable to recoup cash

Employer not entitled to deduct from employee’s final paycheque money believed stolen
|Canadian Employment Law Today

On May 7, 2001 Michael Best commenced his employment as a gas pump attendant with a Lorand Convenience Ltd. franchise. His employment was terminated on June 1, 2001, at which time he was not paid in full all wages owing to him. On June 4, 2001, Mr. Best filed a complaint pursuant to the employment standards act, alleging that Lorand had made unauthorized deductions from wages owing to him.

Section 37 of the New Brunswick Employment Standards Act provides that when an employee ceases to be employed by an employer, the employer must pay to the employee all outstanding pay no later than 21 days after the last day the employee was employed.

An employment standards officer investigated the complaint and recommended that an order be issued in favour of Mr. Best. Based on this recommendation, the director issued an order on July 17, 2001, finding that the employer had not complied with section 37 of the act and ordered Lorand to pay to Mr. Best the amount of $200, representing owed wages.