M. Alchuk

The Director of the Family Responsibility Office appealed an order requiring it to pay $801.01 in arrears to the respondent mother.

The Divisional Court allowed the appeal, finding that in the absence of an identified overpayment by the payor, there was no basis for ordering the Family Responsibility Office to pay the arrears.

The lower court's order was set aside as ultra vires.

The applicant sought review of an Employment Standards Officer's refusal to issue an order for vacation pay owed by his bankrupt employer.

The Officer had applied a newly enacted six-month limitation period under the Employment Standards Act, which barred the claim.

The Board held that the statutory amendment reducing the limitation period from two years to six months did not apply retroactively to extinguish the applicant's vested right to recover vacation pay.

The Board ordered the employer to pay the outstanding vacation pay plus interest.