The Ontario Labour Relations Board has overturned a $10,000 award to a former finance/business manager who claimed a Pembroke dealership failed to pay him overtime.
Board Vice Chair Paula Turtle found insufficient evidence that Kevin Yantha actually worked more than 44 hours a week at Edwards Mazda, even if he were on the premises for longer than that. Yantha generally handled financing paperwork for 30-40 sales per month, taking an average of 45 minutes per deal.
"Yantha was not required to remain at the workplace for the entire duration of his shifts," Turtle said. "Furthermore, employees were free to engage in personal pursuits during their downtime if they remained at the workplace," including reading books and surfing the Internet.
The board also ruled that he wasn't entitled to termination benefits because he chose to retire voluntarily after five months on medical leave.