Fact Scenario

Miranda began working for RBX Company on June 1, 2020. She was hired as a customer service representative where she processed customer complaints and entered them into a database.Miranda was earning $988 per week, not including vacation pay.

Varinder is the general manager of RBX. On June 17, 2020, Varinder and Miranda signed an employment agreement. In the agreement, Miranda would be paid time in lieu for any overtime that she worked. It was a very busy time for RBX and Miranda worked many hours of overtime.From June until the end of February, 2021, Miranda worked a total of 164 hours of overtime. In March, Miranda took a week off and used 44 hours of lieu time and therefore has 120 hours remaining.

When she returned on March 9^th, she was informed that she was now going to be a manager. In addition to her existing duties, Miranda would be tracking overtime hours and absences of employees. For the time being, Varinder makes all decisions regarding discipline and termination. Maybe one day, Miranda will be permitted to make discipline and termination decisions but for now, Varinder feels that Miranda is not ready.Miranda now earns $1068 per week, not including vacation pay.

According to RBX Company policy, Miranda is no longer entitled to payment of overtime or any lieu time because she is a manager.Varinder promised to pay out Miranda's banked overtime from her previous position over the next six months.

Starting in April, a number of employees have been laid off so Miranda now has to work harder. She is now working an average of 65 hours per week. From April 1^st to June 15^th, 2021, she had no time off work. She was even working on Sundays! She even had to work every public holiday during this period but she was given time-and-a-half for each hour worked on these days.

At the beginning of May, Varinder noticed that the emergency exit door had been kicked in from the inside of the building. As the company was struggling, it did not want to pay to fix it. Instead, it deducted $150 from a total of 6 employees, all of whom who work in the vicinity around this exit - surely one of them is responsible for this damage! In addition, Miranda was asked to help out at a charity garage sale on May 15th. She and 3 other people were working the cash register. The register was short $80 so each employee had to pay out of their own pocket. When Miranda went to complain, Varinder told her that the amount was already deducted from her upcoming pay cheque.

Things were getting really bad quickly! On June 7^th, the company suddenly announced that all employees would have a pay cut. Miranda will therefore earn $620 per week.

On June 14^th, the company suddenly closed shop! All 250 employees were terminated! Miranda received 2 weeks pay in lieu of notice.

Miranda has approached you for help. Your job is to present her case to the Employment Standards Tribunal.

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