Labour board looks at duties of general manager in Manitoba
In a June 1, 2026 decision, Manitoba Labour Board vice-chairperson M. Beaumont ruled that a general manager at a Manitoba restaurant chain with two locations was not exempt from overtime protections under the Employment Standards Code.
The board ordered the employer to pay $613.17, less statutory deductions, plus a $100 administrative fee, for a total of $713.17.
The case centred on whether the general manager's title reflected what he actually did all day. Under section 2(4) of the Code, employees who perform management functions primarily are exempt from overtime rules. He appealed after employment standards officials dismissed his overtime complaint on the basis that his role made him exempt.
Drawing on its own earlier ruling, the board said the burden falls on the party claiming the exemption, and that job titles alone cannot settle the question. Front-line supervisors who merely coordinate and direct other staff do not qualify, and functions like the power to hire and fire carry more weight than authority over minor discipline or scheduling.
The board also pointed to Supreme Court of Canada guidance that employment standards laws are benefits-conferring and should be read broadly to protect as many workers as possible, favouring an interpretation that did not lightly exempt salaried staff from overtime.
The general manager testified that his daily routine was...
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