Gavin Henderson-Peal.
Image Credit: FACEBOOK: Gavin R Henderson-Peal
March 29, 2025 - 7:00 AM
A Kelowna business owner who failed to pay his employees and then tried to claim his company wasn't an "employer" has lost an appeal and been ordered to pay $5,100.
According to two recently published Jan. 29 BC Employment Standards Tribunal decisions, PBH Wellness Group director Gavin Henderson-Peal tried to argue the business wasn't "a staffed company" after being ordered to pay three employees unpaid wages totalling $4,630.
He was also fined $500 by Employment Standards for failing to pay the employees.
The decision says PBH Wellness Group carries on businesses as G.R. Marketing Group, Pure Body Health Wellness Group, Pure Body Health Victoria, Pure Body Health Online and Pure Body Health Sidney.
Details of what took place aren't given in the decision, but in June 2024 Gavin Henderson-Peal was found not to have paid Sophie Stow, Selene Morales-Serrano and Ana Mendes their wages.
However, Henderson-Peal and PBH Wellness Group appealed the decision arguing new evidence was available that was not previously available.
In the appeal, Henderson-Peal argued PBH Wellness wasn't an employer.
"PBH Wellness 'is not a staffed company, staffing company or deemed employer,'" the decision reads.
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However, Henderson-Peal failed to back up his statement with any evidence and address in what context it wasn't an employer.
The Tribunal quickly shot down his statement.
"On analysis, PBH Wellness falls squarely within the definition of 'employer,' the sole director of PBH Wellness, Henderson-Peal, was both responsible for the hiring of each of the complainants and exhibited direction and control of each of them during their respective employment periods," the Tribunal ruled. "The complainants were almost entirely answerable in their day-to-day work to Henderson-Peal who was controlling all of the finances of the business including accounts payable, expenditures and wages."
The Tribunal says the staff all met the definition of an "employee."
"PBH Wellness was the employer of the complainants and thus responsible for their unpaid wages," the Tribunal ruled.
Ultimately, the Tribunal ordered Henderson-Peal to pay his former employees $4,630, plus interest and issued a $500 fine.
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