Kodiak Parking Services Ltd. v. Kowalson, (1981) 10 Man.R.(2d) 441 (CoCt)

CourtProvincial Court of Manitoba (Canada)
Case DateApril 22, 1981
JurisdictionManitoba
Citations(1981), 10 Man.R.(2d) 441 (CoCt)

Kodiak Parking v. Kowalson (1981), 10 Man.R.(2d) 441 (CoCt)

MLB headnote and full text

Kodiak Parking Services Ltd. v. Kowalson

Indexed As: Kodiak Parking Services Ltd. v. Kowalson

Manitoba County Court

Krindle, C.C.J.

April 22, 1981.

Summary:

An employer appealed a decision of the Manitoba Labour Board, which directed that he pay to the Director of the Employment Standards Division of the Department of Labour and Manpower, on behalf of an employee, the amount of deductions taken from an employee's wages of a debt owed to the employer.

The Manitoba County Court dismissed the appeal.

Master and Servant - Topic 1818

Remuneration - Wages - Payment of - Employer's right of setoff - The Manitoba County Court held that an employer who made deductions from an employee's wages, paid by either cheque or cash, after unilaterally determining the employee's liability to the employer, and the quantum of damages, acted contrary to the Payment of Wages Act, S.M. 1975, c. 21 - See paragraphs 10 to 14.

Master and Servant - Topic 1818

Remuneration - Wages - Payment of - Employer's right of setoff - The Manitoba County Court stated that regardless that an employee admitted liability to his employer in a specific amount, or that the employer obtained a judgment against the employee, the employer should stand in no better position than a judgment creditor with a garnishment order in collecting the debt from the employee's wages - See paragraph 17.

Statutes Noticed:

Payment of Wages Act, S.M. 1975, c. 21 [para. 14].

Garnishment Act, R.S.M. 1970, c. G-20 [para. 17].

Counsel:

Both parties appeared on their own behalf.

This appeal was heard by KRINDLE, C.C.J., of the Manitoba County Court. The decision of KRINDLE, C.C.J., was delivered on April 22, 1981:

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1 practice notes
  • Lindquist v. People's Cooperative Ltd., (1985) 33 Man.R.(2d) 124 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • February 25, 1985
    ...driver was entitled to a notice period of one month - See paragraphs 27 to 33. Cases Noticed: Kodiak Parking Services Ltd. v. Kowalson, 10 Man.R.(2d) 441, refd to. [para. 8]. Erlund v. Quality Communication (1972), 29 D.L.R.(3d) 476, refd to. [para. 14]. Manning v. Surrey Memorial Hospital ......
1 cases
  • Lindquist v. People's Cooperative Ltd., (1985) 33 Man.R.(2d) 124 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • February 25, 1985
    ...driver was entitled to a notice period of one month - See paragraphs 27 to 33. Cases Noticed: Kodiak Parking Services Ltd. v. Kowalson, 10 Man.R.(2d) 441, refd to. [para. 8]. Erlund v. Quality Communication (1972), 29 D.L.R.(3d) 476, refd to. [para. 14]. Manning v. Surrey Memorial Hospital ......

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