Leonard Kavanaugh

The applicant filed a human rights application alleging discrimination in employment based on sex (pregnancy).

She brought requests for an order during proceedings to amend her application to add remedies and to add the corporate employer as a respondent.

The respondents opposed and requested the removal of the personal respondents.

The Tribunal granted the applicant's requests to amend the remedies and add the corporate respondent, finding no prejudice.

The Tribunal denied the respondents' request to remove the personal respondents as premature, noting the corporate respondent had not accepted vicarious liability.

The union referred grievances to arbitration alleging the employer failed to pay shift premiums for weekend and holiday work, and unlawfully deducted alleged past overpayments from employees' wages.

The Board found that the collective agreement did not provide for a shift premium for weekend work, dismissing those grievances.

However, the Board held that the employer's unilateral deduction of past overpayments from subsequent paycheques was an unlawful set-off under section 8 of the Employment Standards Act, and ordered the employer to repay the deducted amounts with interest.