"On November 23, 2016, the claimant, Thomas Gibbs, filed a claim with Ministry of Labour, alleging a contravention against the Employment Standards Act, 2000. The claimant was working as a server, earning a wage of $9.90 per hour. During my first conversation with Mr. Gibbs, he stated that on the week of October 16, 2016, he had worked 15 hours of overtime, and his paycheque was only $44.55, which equals only 3 hours of overtime. The claimant stated he should have been paid $222.75. The claimant indicated that when he confronted his employer about the overtime hours missing on his last cheque, the employer became hostile and told him he was trying to ""steal from him"". After that Mr. Gibbs told the employer he didn't have to take this kind of treatment and left. …show more content…
Mr. Donaldson indicated that Mr. Gibbs worked a total on 3 hours of overtime the week of October 16, 2016, and he was paid in full $44.55. The two of them had an intense discussion and claimant left, and has not come back. On December 6, 2016, this officer visited the workplace to investigate the claim. Two employees that worked the week of October 16, 2016, were interviewed. The employees indicated that when they work overtime hours, they would write them down on a sticky note for approval from the employer. They indicated that this system does not always work well, as sometimes the notes get lost. The employee, Samantha Feldman, stated that she worked Thursday and Friday with Mr. Gibbs. They worked 2 p.m. to 2 a.m., and accumulated 8 hours of overtime. Ms. Feldman indicated she was compensated for all her hours that week. The Employment Standards Act, 2000, states: Section 22 Overtime