The applicant employers sought review of an Employment Standards Officer's order to pay a former employee for unpaid overtime and one week's pay in lieu of notice of termination.
The Board found that the employee was not entitled to termination pay because she wilfully neglected to work during her final week after receiving notice of layoff.
However, the Board upheld the order for overtime pay, finding that the employee worked extended hours to complete her duties and the employer, who was aware of this and derived a benefit, took no reasonable steps to prevent her from doing so.
The order to pay was amended accordingly.