The applicant sought review of an Employment Standards Officer's order requiring it to pay $7,288.90 in vacation pay to the responding employees.
The applicant argued it was neither the employer nor the purchaser of the business, having only entered into a management agreement.
The Board found the applicant fell within the broad definition of 'employer' and that the management agreement, which allowed the applicant to retain all profits and bear all losses, constituted a sale of the business under section 13 of the Employment Standards Act.
The order was affirmed, and the Board declined to return the statutory administration fee to the unsuccessful applicant.
