Thiessen et al. v. Children's Aid Society of Winnipeg, (1980) 9 Man.R.(2d) 339 (CA)

• Judge: Hall, Matas and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 06, 1980
• Jurisdiction: Manitoba
• Citations: (1980), 9 Man.R.(2d) 339 (CA)

Thiessen v. CAS (1980), 9 Man.R.(2d) 339 (CA)

MLB headnote and full text

Thiessen et al. v. Children's Aid Society of Winnipeg

Indexed As: Thiessen et al. v. Children's Aid Society of Winnipeg

Manitoba Court of Appeal

Hall, Matas and Huband, JJ.A.

May 6, 1980.

Summary:

This case arose out of an action by several social workers employed by the Children's Aid Society of Winnipeg for determination that they were entitled to overtime wages under the Employment Standards Act.

The Manitoba County Court in a judgment unreported in this series of reports allowed the action and held that social workers were entitled to payment for overtime. The Children's Aid Society appealed.

The Manitoba Court of Appeal dismissed the appeal.

Master and Servant - Topic 1842

Remuneration - Statutory regulation - Application of statute - Employment Standards Act, C.C.S.M., c. P-15, s. 2(1)(g) - The Manitoba Court of Appeal held that social workers employed by the Children's Aid Society of Winnipeg were employees under s. 2(1)(g) of the Employment Standards Act, notwithstanding the Manitoba Institute of Registered Social Workers Incorporation Act, because membership in the Institute was not compulsory and Institute's incorporation act did not qualify social workers to practice and did not govern the practice of the profession - See paragraphs 1 to 22.

Statutes - Topic 1624

Interpretation - Extrinsic aids - Prior statutes respecting same subject matter - The Manitoba Court of Appeal in interpreting the application of the Employment Standards Act, C.C.S.M., c. P-15, considered prior statutes respecting wages, hours and working conditions for private employees - See paragraphs 5 to 16.

Cases Noticed:

Reynolds v. Norwood School Division No. 8, [1976] 3 W.W.R. 573, refd to. [para. 17].

Statutes Noticed:

Employment Standards Act, C.C.S.M., c. P-15, sect. 2(1)(g) [para. 3].

Manitoba Institute of Registered Social Workers Incorporation Act, S.M. 1966, c. 104 [para. 19].

Authors and Works Noticed:

Oxford English Dictionary [para. 15].

Counsel:

W.L. Ritchie, Q.C., and W.D. Hamilton, for the defendant/appellant;

J.S. Walker, Q.C., and B.E. Cristall, for the plaintiffs/respondents.

This case was heard on February 15, 1980, at Winnipeg, Manitoba, before HALL, MATAS and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On May 6, 1980, HUBAND, J.A., delivered the following judgment for the Court of Appeal: