North Okanagan cleaner loses appeal, but company still owe $4K in wages

A North Okanagan cleaning company that was fined $1,000 and ordered to pay almost $4,000 in unpaid wages won't have to cough up any more money after its former employee lost an appeal.

In January, Coldstream company J.A.K.K.S. Holdings, that does business as Thompson Cleaning Services, was ordered to pay former employee Tamara Stadel $3,910 in unpaid wages and fined $1,000.

According to a June 2 Employment Standards Tribunal decision, Stadel worked for Thompson Cleaning Services between February 2020 and July 2022 when she was laid off.

After she was laid off, Stadel and the cleaning company couldn't agree on how much money Stadel was owed.

Stadel then took Thompson Cleaning Services to the BC Employment Standards Tribunal.

A sticking point in the dispute was whether Stadel was an employee or a contractor.

The Tribunal decided she was an employee.

“I find the (Thompson Cleaning Services) exercised a high degree of control and direction over the (Stadel's) work as a cleaner, and that consequently she was an employee," the Tribunal ruled.

This meant she was owed wages, overtime, statutory holiday pay, sick pay and compensation for length of service.

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The Tribunal calculated the missing pay to be $3,910 and ordered Thompson Cleaning Services to pay up. The company also received a $1,000 fine for breaching the Employment Standards Act.

Stadel appealed, saying new evidence had come to light showing she was owed an extra week's worth of wages.

However, the Tribunal didn't buy it.

"(Stadel) has not shown the alleged new evidence could not reasonably have been found and presented during the investigation and determination stage. Indeed, (Stadel) is essentially resubmitting arguments and facts previously made to the (Tribunal)," the decision read.

With that, the Tribunal rejected Stadel's appeal for an extra week's pay leaving the company on the hook for the original $3,910 plus its $1,000 fine.

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