The appellant, a commissioned sales representative, appealed the dismissal of her claim for unpaid vacation pay under the Canada Labour Code.
The motion judge had found that the employer could satisfy its vacation pay obligations by paying them out of commission sales.
The Divisional Court allowed the appeal, holding that the employer failed to show the employee's commission rates were adjusted to include vacation pay or that she received a benefit equal to her statutory entitlements.
The Court also found the claim was not statute-barred, as the limitation period began on the last day of employment.
Judgment was granted for the appellant in the amount of $35,396.02.
