0090-00-ES Ruth Brown, Applicant v. Canadian Tire Corp., and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 30 013715
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; May 17, 2001
This is an employee application for review of the decision by an employment standards officer not to issue an order to pay against the applicant’s former employer.
In a decision dated October 11, 2000 the Board determined that the applicant was entitled to termination pay. The employer sought reconsideration of that decision. However, by decision dated April 3, 2001 the Board denied the employer’s request for reconsideration.
The only issue which remains to be determined is the quantum of wages owing to Ms. Brown. In the Board’s decision dated April 3, 2001 the Board advised the employer that if it was not content to have the issue of damages determined on the materials already filed, it should notify the Board within ten working days of that decision. There has been no submission filed with the Board and accordingly, the Board will make its determination based on the materials filed.
There are two types of wages owing, termination pay and vacation pay on that amount. Ms. Brown was a full-time employee who essentially worked 8 hours per day and 40 hours per week. While there were occasions where she did not work 8 hours per day, I do not think that these were such to make Ms. Brown an employee whose hours of work differ from day to day and therefore I find that section 11(2) of Regulation 325 does not apply. Pursuant to the definition of Regular Rate contained in section 1 of the Act, I find that the applicant’s regular rate was her hourly wage times 8 hours per day, times 5 days per week.
Ms. Brown’s rate of pay at the time of the termination of her employment was $10.35 per hour. Accordingly, her regular weekly pay was $414.00. Since Ms. brown was employed for 8 years or more, she is entitled to 8 weeks’ termination pay or $3,312.00. Ms. Brown is also entitled to vacation pay on that amount. Ms. Brown was entitled to 6% vacation pay under her contract of employment with her employer. Therefore, Ms. Brown is also entitled to be paid $198.72 as vacation pay.
DISPOSITION
- The Board hereby orders the responding party Canadian Tire Corp. to pay to Ms. Brown $3,510.72 less all required deductions. Such payment is to be made within 15 business days of the date of this decision.
“Brian McLean”
for the Board