Surrey salesman wins vacation pay court case

Published: July 5, 2013

Surrey Provincial Courthouse. PNG Staff photo.

TOM ZYTARUK
SURREY NOW

Don’t mess with Vijaya’s vacation pay.

Hare Motors Ltd. found that out the hard way after Vijaya Sundram Naidu took the Surrey used car dealership to court, and won.

Naidu’s lawsuit centred on vacation pay owed to him for 2006 to 2012, when he worked for Hare Motors as a commissioned salesman.

Hare paid out some of the amount claimed but refused to pay the rest, arguing that it incorporated vacation pay into its commission structure.

Naidu argued that the Employment Standards Act of British Columbia forbids this. Surrey provincial court Judge Kenneth Skilnick agreed.

“The contract is an effort by the defendant to have the claimant pay for the defendant employer’s obligation to pay vacation pay by a reduction in the claimant’s commission,” Skilnick determined. “Section 4 of the Employment Standards Act prohibits this. Accordingly, this portion of the contract has no effect and is unenforceable against the claimant.

“The claimant is entitled to sue for all of the vacation pay owing to him,” the judge decided.

Skilnick ordered Hare Motors to pay Naidu $7,955.10.

tzytaruk@thenownewspaper.com

 


Tags: , ,





Featured

Abraham Azhakathu

Travel request from Alberta priest accused of sexual assault rejected

THE CANADIAN PRESS PEACE RIVER, Alta. — A Catholic priest in northwestern Alberta who is accused of sexually assaulting a minor has been told he…
Continue Reading »

FILES-INDIA-US-KENNEDY_20181821

India blocks release of film on Indira Gandhi’s killing, says it glorifies her assassins

NIRMALA GEORGE THE ASSOCIATED PRESS NEW DELHI — India has blocked the release of a film on the assassination of former Prime Minister Indira Gandhi,…
Continue Reading »

532633333_217579396

India police take fasting activist back to hospital after she is freed from 14-year detention

THE ASSOCIATED PRESS NEW DELHI — A frail Indian activist who has been on a hunger strike for nearly 14 years to protest alleged military…
Continue Reading »

LOCAL NEWS

Abraham Azhakathu

Travel request from Alberta priest accused of sexual assault rejected

THE CANADIAN PRESS PEACE RIVER, Alta. — A Catholic priest in northwestern Alberta who is accused of sexually assaulting a minor has been told he…
Continue Reading »

Today in History – Sept. 5

Advance THE CANADIAN PRESS Today in History for Sept. 5: On this date: In 1534, Jacques Cartier arrived in France after his first voyage to…
Continue Reading »

Today in History – Sept. 1

Advance THE CANADIAN PRESS Today in History for Sept. 1: On this date: In 1159, the only English pope in history, Adrian (or Hadrian) IV,…
Continue Reading »

Don't Miss...

Const. Ian MacDonald says: ‘You don’t want to see anybody carted away in an ambulance over this, and that is a very real possibility. Ric Ernst/PNG

‘It’s pride getting in the way’: Feuding Indo-Canadian youth factions worry Abbotsford cops (w/ video)

JENNIFER SALTMAN  VANCOUVER DESI  No one really knows how the conflict started. According to a number of people who are involved, in February one person…
Continue Reading »

Stone-health-Kaleem

Eight-year-old Indian boy’s swollen hands are larger than his head

VANCOUVER DESI Kaleem, an eight-year-old Indian boy suffering from a mystery condition has puzzled doctors after his hands swelled to giant proportions and are larger…
Continue Reading »

India-surgery

Doctors remove unborn child’s skeleton from woman’s womb after 36 years

VANCOUVER DESI In an unusual surgery, doctors in India removed the skeleton of an unborn baby from its mother’s womb after 36 years, the Press…
Continue Reading »

Sikh-Ontario

Turbaned Sikhs will not be allowed to ride motorbike without a helmet in Ontario

THE CANADIAN PRESS TORONTO — Ontario Premier Kathleen Wynne says she won’t allow for turban-wearing Sikhs to ride a motorcycle without wearing a helmet. In…
Continue Reading »

Annu Gaidhu

Mississauga beauty Annu Gaidhu crowned Miss India Canada (w/gallery)

VANCOUVER DESI Mississauga’s Annu Gaidhu was crowned Miss India-Canada at the 24th annual pageant in Toronto Saturday evening. The 23-year-old yoga instructor and aspiring child…
Continue Reading »


Bollywood Latest

Indian comedy actor  Kapil Sharma and Sumona Chakravarti pose during a press conference to promote 'Comedy Nights with Kapil'. NARINDER NANU/AFP/Getty Images

Kapil Sharma onto new ventures, including Comedy Nights tour that will reach Canada

IANS Mumbai  – Popular stand-up comedian Kapil Sharma, who is set to make his Bollywood debut with director duo Abbas-Mustan’s untitled film, is looking forward…
Continue Reading »

desi boobs-actress-celebrity

Bollywood actress from Britain still finds time to help her parents at their corner shop (w/gallery)

VANCOUVER DESI British actress Geeta Basra, who made a name for herself in Bollywood with three major films, still helps her parents at their local…
Continue Reading »

Bollywood stunt man

Bollywood actor Akshay Kumar takes up the ALS ice bucket challenge

VANCOUVER DESI Bollywood action hero Akshay Kumar took on the ALS ice bucket challenge in true stuntman style – with 11 buckets of ice water….
Continue Reading »