The employer sought review of an Order to Pay issued by an Employment Standards Officer for unpaid overtime and public holiday pay.
The employer argued the employee was exempt as a 'taxi cab driver' because he drove vans to transport passengers to the airport.
The Board held that an employee is only employed as a taxi cab driver if they spend the majority of their work hours in a week driving a vehicle with seating for not more than nine persons.
The matter was referred to the Registrar to be rescheduled for hearing to apply this test.
