High school student wins case with labour tribunal after restaurant doesn't pay salary

A high school student in Quebec won his case at the labour tribunal after the restaurant owner he worked for did not pay him for months. FILE PHOTO - Pexels

A high school student employed in a restaurant has won his case against his employer after he lost his job after repeatedly asking to be paid.

The employer did not appear before the Administrative Labour Tribunal, which heard the student's complaint.

He was hired in July 2021, and in early August, he noticed that his salary had not been paid. He complained to the owner, who replied that the company's account had been frozen as a result of fraud.

From September onwards, the young man worked there for 12 hours a week.

In September and October 2021, the young worker had not been paid either. The owner of the small restaurant also mentioned a frozen account and other difficulties.

Finally, on Oct. 22 the owner told the young worker not to go to work, that he was going to close the restaurant. The following week, he told him that his position and the other part-time positions would be abolished.

"He told him that he would receive his pay on November 2, which did not happen," the tribunal said in its decision.

"As the employer did not appear in court, it could not give its version of the facts. The employer did not show any evidence to support its decision and did not meet its burden of proof. His absence from the hearing is fatal," wrote the administrative judge.

The tribunal, therefore, upheld the young man's complaint that he was dismissed for exercising a right under the Labour Code to request payment for work.

The tribunal also set aside his dismissal in October 2021. It ordered the restaurant to pay him $1,179 for lost wages and holiday pay, all with interest from the date his complaint was filed in November 2021.

The complainant is not asking for reinstatement because he was able to see that the restaurant had closed its doors since he filed his complaint.

This report by The Canadian Press was first published in French on April 10, 2023.