The applicant employer requested a review of an Order to Pay termination pay to a former employee, a refrigeration mechanic.
The employer argued the employee was covered by the construction exemption in Regulation 327(2)(e) of the Employment Standards Act, which exempts persons employed in the repair of works at the site thereof.
The Board found that the majority of the work performed by the employee was repair work at the customer's premises, rather than maintenance.
Consequently, the employee fell within the construction exemption and was not entitled to termination pay.
The Order to Pay was rescinded.
