'Undisputably payable': Ontario worker entitled to overtime for working 50 hours per week
The Ontario Labour Relations Board has ordered 614128 Ontario Ltd., operating as Trisan, to pay former dispatcher Kevin Kinzett more than $185,000 for unpaid overtime and unlawful reprisal.
In a decision dated Jan. 16, 2026, Vice‑Chair Brian Mulroney recalculated Kinzett’s unpaid wages and vacation pay at $55,011 and awarded a further $130,003 in reprisal compensation. The Board amended an earlier Order to Pay and an Order for Compensation to reflect the new amounts.
The case arose under section 116 of the Employment Standards Act (ESA) after Trisan applied to review Employment Standards Officer (ESO) orders relating to unpaid wages and compensation only (no reinstatement). A prior liability decision on June 9, 2025 found that Kinzett was entitled to overtime and that his dismissal constituted a reprisal for expanding an ESA overtime claim.
In the latest ruling, the Board confirmed that Kinzett, a salaried dispatcher, was entitled to the standard overtime threshold of 44 hours per week, not the 50‑hour threshold used by the ESO and argued by Trisan. “Mr. Kinzett’s duties were such that he was entitled to the regular overtime threshold of forty-four hours per week,” Vice‑Chair Mulroney wrote.
Trisan acknowledged that Kinzett was required to work 50 hours per week. On that basis, the Board held that he was owed six hours of overtime per week...
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