View Single Post
Old 04-16-2009, 04:05 PM   #80
misteranswer
Orgasm Donor & Alatar owned my ass twice!
 
Join Date: Mar 2003
Location: Vancouver
Posts: 6,803
Thanked 91 Times in 38 Posts
Failed 17 Times in 6 Posts
Quote:
Originally Posted by Great68 View Post
I was not referring to tip pool. I was referring to paycheque. Misteranswer stated that a restaurant may dock an employee's paycheque for money that is "short", when Legally they cannot do this.

I called False on his false.

Tip pools are completely different. They are set up by agreements between staff & ownership, usually explained at start of employment. Some restaurants do not have tip pools. Either way, they cannot impact base wage.
The Canada Labour Code says

(3) Notwithstanding paragraph (2)(c), no employer shall, pursuant to that paragraph, make a deduction in respect of damage to property, or loss of money or property, if any person other than the employee had access to the property or money in question.

and as shown earlier in the BC Employment Standards Act, it says

21 (1) Except as permitted or required by this Act or any other enactment of British Columbia or Canada

I'm not lawyer, but now I don't think this is clear cut. It sounds to me the Labour code says you can, but then the Employment act kinda says you can IF it's deemed a cost of doing business.
misteranswer is offline   Reply With Quote