You “make the call” as to the tribunal’s decision around the (3) issues to be decided. Explain your answer using the Employment Standards information provided in class and text readings. You will need to cite the appropriate Employment Standards Act.

Carroll worked for Beauty Barn for approximately 1.5 years as front end person at the Hair Salon. She filed a complaint on October 1, 1997 alleging that Beauty Barn had not paid her forever time hours due to her and that Beauty Barn had improperly deducted from her wages a $5 per month charge for coffee.

Beauty Barn had a policy requiring all employees to pay the coffee charge. Carroll did Noth on our policy. Beauty Barn did not obtain a written assignment authorizing a deduction from her wages.

Beauty Barn paid Carroll a 2% bonus or commission on sales of hair care products. The

Director's Delegate when calculating Carroll's wages for the purpose of arriving at an hourly rate (regular wage) included this bonus or commission pay. Beauty Barn argues on this appeal that to include these commissions has the effect of effectively increasing the amount of the bonus when overtime hours are worked.

Beauty Barn submitted that overtime could only be worked with authorization by management.

It further submits that Carroll worked overtime without authorization albeit with management’s knowledge. Carroll was warned "on several occasions" not to do this. Carroll disputes this background to her overtime claim. For the reason set out below it will not be necessary to reconcile these disputed facts.