The applicant appealed an Employment Standards Officer's refusal to issue an Order to Pay for 8 weeks of unpaid salary and vacation pay.
The applicant claimed he was employed on a salaried basis after selling his shares in the respondent restaurant business.
The respondent argued the applicant was retained on a casual commission basis to generate banqueting events.
The Adjudicator found the respondent's evidence more probable, concluding the applicant was not employed on a salaried basis during the disputed period.
The appeal was dismissed, but the respondent was directed to calculate and pay the applicant any outstanding commission earned during that time.
