Supreme Court

Decision Information

Outcrop Ltd. v Pamplin

Court Supreme Court
Date 1987-01-28
Other citations (1987) – [1987] N.W.T.R. 151 (S.C.) – 026 – 87 C.L.L.C. 14
File numbers SC 00125
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Statutes considered:
LABOUR STANDARDS ACT, R.O.N.W.T., 1974, C. L-1, SS. 4, 12, 39.6 (4)
Decision information:

Summary: Appeal against a decision of the Labour Standards Board confirming the Labour Standards Officer's certificate as to wages due by the appellant employer to the respondent employee, pursuant to section 39.6 (4) of the Labour Standards Act - Appellant employer contends that the Board erred in confirming the certificates by failing to find as a term of the employment contract that all overtime was to be authorized before worked.
Decision: Appeal dismissed - Employment contract open to interpretation that overtime may be authorized after it is worked - Furthermore, section 4 of the Labour Standards Act requires employees to be paid for overtime worked and would over-rule the contract in any event - Employment contract can only deviate from the Act where it grants more favourable terms.
Subjects: Employment law - Government regulations - Payment of wages - Overtime pay

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