Business owes worker $6k, but appeal over ‘unauthorized deductions’ dismissed

A Coquitlam employer owes a former worker wages, overtime, and vacation pay but will not have to reimburse her for two e-transfer payments, following a recent decision from B.C.’s Employment Standards Tribunal.

After working for North Road-based Euro Food Tri-City, employee Iana Zueva filed a complaint under the Employment Standards Act, alleging she was required to work hours that were “detrimental to health.”

A report was issued in July 2023 and, earlier this year, a delegate found the company owed Zueva wages, overtime, statutory holiday pay, annual vacation pay, and accrued interest totalling $6,027.

The company was also fined $2,000.

Zueva appealed that decision, charging the director: “erred in law and failed to observe the principles of natural justice.”

The appeal was largely based on two $900 e-transfer payments Zueva made to her employer. The previous judgement concluded the two payments were not unauthorized deductions.

As there was no written assignment of wages, the payments were a clear violation, Zueva contended in the appeal.

Employment Standards Tribunal member John Chesko dismissed Zueva’s appeal.

Even in cases where the tribunal might have reached a different conclusion, the tribunal doesn’t re-evaluate evidence, Chesko explained.

In the original judgment, the delegate decided there wasn’t evidence proving the employer made any deductions from Zueva’s wages in cash, despite significant communication by text and email.

Zueva also charged the investigative delegate didn’t ask key questions during witness interviews.

“By failing to ask important questions during the witness interviews, the [investigative delegate] conducted an inadequate investigation,” Zueva stated.

Addressing Zueva’s complaint, Chesko wrote: “A fair and reasonable procedure will necessarily result in some evidence being accepted, and some not, and those decisions are not alone evidence of failure to observe natural justice.”