Image Credit: INSTAGRAM: ProCare Enterprises

A Kamloops first aid company has been ordered to pay $22,000 in unpaid wages and been fined $3,000 after a former employee took legal action.

According to a recently published Feb. 5 BC Employment Standards Tribunal decision, Kamloops firm ProCare Enterprises failed to pay former first aid attendant Gatlin Wilson $21,860 in wages, vacation time and severance.

The company appealed the ruling arguing the Employment Standards investigator had used an unfair hourly calculation and Wilson had agreed to a flat rate of $300 for a 12-hour day.

ProCare provides private first aid in remote areas to resource and construction companies.

In the decision, the company argued that the flat rate is based on working 12 hours, even if the workday amounts to eight hours.

"Pro Care says that this shows that Wilson was overpaid on most pay periods," the decision read.

However, the Employment Standards Tribunal disagrees.

Wilson was paid $300 flat rate for 12 hours and then after 12 hours $45 an hour.

The Tribunal ruled that the law states employers must pay employees one and a half times an employee’s regular wage after eight hours and double time after 12 hours.

The Tribunal calculated the company owed Wilson almost $11,000 in unpaid overtime, and shorted him nearly $1,000 for stat holidays.

The Tribunal also ordered ProCare to pay $1,400 for unpaid sick pay.

Wilson also argued he wasn't paid a mileage allowance although his contract stated he would be paid 59 cents per kilometre.

"During the investigation, ProCare said that using a personal vehicle was not a business cost," the decision read.

However, the Tribunal disagreed and pointed out that the Employment Standard Act prohibits employers from requiring employees to contribute towards the costs of the employer’s business.

"By including a provision to reimburse Wilson for the use of his personal vehicle while travelling to or from a job site, ProCare deemed this cost as a business cost," the Tribunal ruled, ordering the company to pay $3,132 in milage as at one point he was driving 90 km a day in his vehicle.

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Finally, the company argued it shouldn't have to pay compensation for length of service as it had fired Wilson due to his performance and dangerous driving.

ProCare argued the employee didn't keep the company vehicle in a clean and sterile condition, contrary to what it said in his contract.

However, the Tribunal found the contract "broad, ambiguous, and did not define mistreatment."

Wilson denied keeping the work vehicle in poor condition and the Tribunal said even if he did it wasn't grounds enough to fire him.

The Tribunal then went on to find Wilson was entitled to $2,800 as compensation for his length of service.

Ultimately, ProCare Enterprises appeal failed completely and it was ordered to pay $21,860 in unpaid wages and fined $3,000, plus interest.

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