The employer applied to review an Employment Standards Officer's Order to Pay for unpaid wages owed to a former employee.
The employer did not dispute the wages were owed but requested the proceedings be adjourned or the funds held in trust until related civil litigation involving the parties was resolved, arguing for a potential set-off.
The Board dismissed the application, finding that section 8 of the Employment Standards Act strictly prohibits employers from claiming a set-off against wages.
The Board held there was no legal basis to delay payment to the employee while awaiting the outcome of separate civil proceedings.
