The respondents, former employees, sued the appellant employer for unpaid wages and were granted summary judgment.
The appellant argued it was authorized under s. 13 of the Employment Standards Act to deduct amounts from the unpaid wages because the respondents failed to return a company computer containing intellectual property.
The Court of Appeal upheld the motion judge's finding that the employment contracts did not contain written authorization permitting such deductions.
The Court also upheld the motion judge's discretionary refusal to stay the enforcement of the judgment pending the appellant's counterclaim for conversion.
