The applicant employer sought review of an order to pay back wages and vacation pay to the responding party employee.
The employer admitted the wages were owed but argued it should be permitted to set off its losses of approximately $40,000, which resulted from the employee's misconduct involving the theft of trailer contents.
The Board dismissed the application, finding that section 8 of the Employment Standards Act prohibits such a set-off against wages.
The Director of Employment Standards was directed to pay the funds held in trust to the employee.
