LABOUR RELATIONS |
942260 Ontario Ltd. v. Press
T-2070-03
2004 FC 1384, Phelan J.
6/10/04
6 pp.
Judicial review of decision of Referee appointed under Canada Labour Code accepting part of respondent's overtime claim--Respondent, dispatcher and bookkeeper for applicant, claiming significant amount of unpaid overtime--Not keeping record of overtime, although maintained overtime records for other staff--Referee accepting respondent not management, entitled to overtime--Discounting part of claim because of lack of reliability in reconstructed estimate of overtime-- Applicant submitting respondent estopped from claiming or waived right to overtime by virtue of failure to keep proper books, records--Issue of estoppel, waiver going to jurisdiction of Referee--Right to overtime statutory right--Any limitation on exercise of that right should be found in legislation-- Principles of estoppel, waiver relied on by applicant arising at common law--In Gendron v. Supply and Service Union of the Public Service Alliance of Canada, Local 50057, [1990] 1 S.C.R. 1298, Supreme Court concluding in dealing with Code, resort to common law adding nothing to content or effect of that statute, since generally designed to be fairly complete code--Code complete with respect to overtime rights--Any limitations on exercise of right, such as timeliness, specified in Code--Nothing in Code about estoppel, matter somewhat related to timeliness--No evidence of knowing waiver of right to overtime--Canada Labour Code, R.S.C., 1985, c. L-2.