Employment standards legislation prevent any deductions for employer losses without consent
A Saskatchewan employer did not have the right to deduct the cost of detailing a truck damaged by the employee’s smoking, despite the employee not initially disputing it, an adjudicator has ruled.
Dennis D’Amour was hired has a truck driver in April 2009 by Moellenbuck Transport, a small trucking company in St. Gregor, Sask. When D’Amour was hired, the company notified him of its no-smoking policy for its trucks. The policy was in place because it had a negative effect on the value of its expensive trucks — two of which it owned and two that Moellenbuck leased — and trucks were considered public service vehicles because they delivered to public places and sometimes carried customers. Also, many truck drivers were non-smokers who didn’t want to drive a truck that smelled of smoke, making it more difficult to hire if smoking was allowed.
D’Amour’s supervisor discovered D’Amour had been smoking in one of the trucks he had been operating. He told D’Amour he would have to pay for detailing the inside of the truck and Moellenbuck would deduct the cost from D’Amour’s pay. D’Amour didn’t like it, but he remained silent and didn’t object. The supervisor didn’t seek a written authorization for the deduction.
The truck was taken for detailing and Moellenbuck was billed $529.19. Moellenbuck then deducted that amount from D’Amour’s next pay.
D’Amour resigned from his employment with Moellenbuck in June 2013 and in early 2014 he lodged a complaint with Human Resources and Development Canada, accusing Moellenbuck of making an unauthorized deduction from his pay, contrary to the Canada Labour Code.
An investigator agreed that the deduction Moellenbuck made was not authorized and not allowed under the code, issuing a payment order to the company. Moellenbuck appealed.
The adjudicator referred to the Canada Labour Code, which stipulates “No employer shall make deductions from wages or other amounts due to an employee, except as permitted by or under this section.” The permitted deductions outlined are: federal and provincial statutory deductions; deductions authorized by a court order or collective agreement; those authorized in writing by the employee; reclamation of overpayments by the employer; and any other regulatory deductions. The code also specifically prohibits deductions for damage to or loss of money or property, if anyone else other than the employee had access.
The adjudicator found Moellenbuck’s deduction didn’t fall under any of the categories described in the code. There was nothing in writing that stated D’Amour agreed to the deduction and as a result Moellenbuck could not “lawfully justify” it. The appeal was dismissed.
