Previously, the Manitoba Labour Board dismissed an appeal by a worker who alleged unpaid wages and discrepancies in her record of employment (ROE).
While PBH Wellness sought to challenge the original ruling under section 112 of the Employment Standards Act (ESA), citing a breach of natural justice and overlooked evidence, the B.C. Tribunal found the arguments unpersuasive.
PBH Wellness sole director Gavin Henderson-Peal, who submitted the appeal, had been granted an extension due to serious medical issues, supported by documentation from multiple physicians. The Tribunal also accepted new evidence into the record.
However, Chair David Stevenson ruled that the director’s delegates acted appropriately and fairly.
“I find, on the information contained in the Record, that the process met the requirements of the statute and the principles of natural justice,” said Stevenson.
At the heart of the appeal was PBH Wellness’ contention that it was not the legal employer of the complainants.
The Tribunal strongly disagreed, pointing to the ESA’s wide-reaching definitions of “employer” and “employee.” The evidence showed that Henderson-Peal exercised control over the business’s finances, including wages, accounts payable, and general operations.
Based on this authority and oversight, the Tribunal determined PBH Wellness and its director had a direct employment relationship with the complainants.
It concluded there had been no error in...
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