The employer appealed an Order to Pay issued by an Employment Standards Officer.
The employee had stolen money from the employer and was criminally charged.
The Crown withdrew the charges after the employee's counsel agreed to set off the stolen amount against the Order to Pay.
However, the Board found that this oral agreement did not satisfy the strict exceptions under the Employment Standards Act and its regulations, which require a written authorization or a court order for a set-off.
The Board also determined the employee's entitlement to minimum wage, overtime, and vacation pay, ultimately directing a reduced payment to the employee.
