Agreement that deprived employee of his wages was not allowed pursuant to Saskatchewan’s employments standards legislation

Fancy Field Service (2007) Ltd. v. Dewey
2016 CarswellSask 409, 2016 SKPC 74, 268 A.C.W.S. (3d) 357
Saskatchewan Provincial Court

Labour and employment law --- Employment standards legislation — Wages — Deductions from wages — Debts owed to employer

Plaintiff asserted defendant improperly used fuel card for unauthorized purchase of gasoline for personal use — Defendant told plaintiff he could deduct amount from defendant's pay cheque — Plaintiff asserted parties entered verbal agreement that defendant owed plaintiff money for such purchases and plaintiff could deduct payment from defendant's wages from third-party co-op — Plaintiff brought claim for deduction of monies owing from defendant wages — Claim dismissed — Plaintiff charged personal purchases of gasoline to card — Majority of purchases on card were for plaintiff's benefit — Defendant agreed to change in his employment benefits as to gasoline purchases after specified date with purchases being paid back — Agreement was going forward and not retroactive — Agreement to deduct gasoline fuel that defendant purchased from defendant's wages was of no force and effect pursuant to Saskatchewan Employment Act — Agreement deprived defendant of his wages and deduction was not allowed — Limitation period expired and there were no acknowledgements of debt in writing or inferred by legislation or part payment to extend limitation period.