A West Kelowna storage company is on the hook for more than $18,000 for failing to pay overtime to a former longtime employee.
National Storage and Warehousing was ordered to pay employee Beverly McGuire $15,930 and was fined another $2,500 in administrative penalties, according to a recent decision from the Employment Standards Tribunal.
The states Mcguire was hired in 2013 by business owner Daniel Faye as a general manager and bookkeeper but held responsibilities ranging from forklift driver to rent collection, customer service and more. There was no written employment agreement.
Near the end of 2019, after Faye’s wife died and the owner “withdrew from responsibilities,” McGuire claims she worked seven days per week for 12-16 hours per day and still struggled to keep up with her duties, says the decision.
At the end of 2020, McGuire told Faye she had worked at least of 100 days of unpaid overtime. The two agreed to a deal that saw McGuire receive a $5,000 payment and get every Friday off for a year. McGuire received the $5,000 and got one Friday off before her employment ended when she resigned.
McGuire had maintained her own record of hours between October 2019 and February 2021, which the employer disputed and suggested were fabricated. The employer also tried to argue that McGuire was a manager, so was not entitled to overtime pay or vacation time.
The Employment Standards delegate determined that despite her title of “general manager,” she was not in fact a manager because she did not spend a significant portion of her time supervising or directing staff.
The Employment Standards Tribunal rejected an appeal by the company and ignored claims by Faye that McGuire lodged the complaint merely because she was unsatisfied with her employer.
“The Employer provided no evidence to support its assertion that the Employee’s complaint was made because she was dissatisfied with the Employer,” said tribunal member Carol L. Roberts.
“An employee’s dissatisfaction with an Employer’s business practices does not, in and of itself, support a conclusion that a complaint lacks merit. This allegation, which is entirely unsubstantiated, does not constitute a ground of appeal, and I have not considered it further.”
Roberts also rejected several documents the company submitted during the appeal process for failing to meet the test for new evidence, and refused to overturn the original decision that determined McGuire was not a manager.
“While the Employee may well have exercised these tasks which were managerial in nature, I am not persuaded the Adjudicative delegate erred in concluding that those were not her principal duties,” Roberts continued.
Claims that Mcguire “embezzled” from the company were also rejected by the tribunal as completely unsupported by evidence.
The original decision ordering the company to pay $18,430.50 was upheld.
