Coquitlam firm owes $6K, worker's deductions appeal fails

An appeal from a former employee of a Coquitlam food business regarding money she transferred to her employer was dismissed by British Columbia’s Employment Standards Tribunal, which upheld that the business owes the worker over $6,000 in unpaid wages and penalties.

A ruling earlier this year determined that Euro Food Tri-City, a deli located on North Road, owed former worker Iana Zueva a total of $6,027. This amount was for wages, overtime, vacation, and statutory holiday pay, plus interest. The company was also required to pay a $2,000 fine. The initial complaint was filed by Zueva under the Employment Standards Act, where she stated she was made to work hours that were harmful to her health.

Zueva later appealed that decision. The basis for her appeal focused on two e-transfer payments of $900 each that she had sent to her employer. The previous judgment concluded these payments were not unauthorized deductions from her pay. Zueva argued in the appeal that because there was no written agreement for wage assignment, the payments were a clear violation of employment rules.

The appeal was reviewed by Employment Standards Tribunal member John Chesko, who decided to dismiss it. It was explained that the tribunal does not re-examine evidence, even in situations where it might have made a different decision. The original investigation found there was not enough evidence to show the employer took deductions from Zueva's wages in cash, despite a significant amount of communication through text and email being available.

Zueva also claimed the person who investigated the case did not ask important questions when interviewing witnesses, leading to an inadequate investigation. In the final decision, it was written that a fair process will always involve accepting some evidence while rejecting other evidence. These decisions on their own do not prove that the principles of justice were not followed. Euro Food Tri-City is a store that sells European groceries and deli items.