T.D.S. Personnel Inc. v. Michael Verkerke and Ministry of Labour
File No.: 3171-00-ES Employment Practices Branch File No.: 33002144
BEFORE: Anthony Brown, Vice-Chair.
APPEARANCES: Lawrence Platt and Frank Morris for the applicant; Michael Verkerke on his own behalf; Karima Chatur for the Ministry of Labour.
DECISION OF THE BOARD; June 19, 2001
1This is an application for review pursuant to the Employment Standards Act (the "Act") in respect of an order to pay (No. 56200) issued by an Employment Standards Officer.
2The Employment Standards Officer ordered the applicant to pay back wages and vacation pay to the responding party Michael Verkerke, in the amount of $1996.04. There is no dispute as to the calculation of this amount or that the employee performed the work.
3The employer's objection to payment of the wages is that Mr. Verkerke's conduct resulted in the loss by the employer of a substantial sum of money (approximately $40,000.) due to the theft of contents of a trailer for which customers had to be compensated. The employer seeks to set-off its losses (incurred because of Mr. Verkerke's misconduct) against Mr. Verkerke's wages.
4There is no evidence before the Board of circumstances that would permit the employer to set off its damages against the employee's wages. Section 8 of the Act prohibits a set-off in the instant case. Accordingly, the application for review is dismissed.
Disposition
5The application for review is dismissed.
6The Director of Employment Standards is directed to pay the money held in trust in this matter as follows:
To Michael Verkerke $1,996.04
To the Government of Ontario
Consolidated Revenue Fund $199.60
Interest on these amounts shall
be paid to the recipients pro rata.
(Mr. Verkerke's address is c/o Bayview Manor, Box 932, Owen Sound, Ontario M4K 6H6.)
"Anthony Brown"
for the Board