Resolute man dodges promotion to earn $18,000

JOHN THOMPSON

A fuel truck operator in Resolute Bay will receive more than $18,000 in back pay, now that the Nunavut labour board has ruled that he was not a “manager” working on salary.

The decision, made Aug. 18 this year, marks the end of a protracted feud between truck driver Wally Benoit and his former employer, Aziz Kheraj.

Benoit claims he was underpaid for the hours he worked from July 5, 2003 to April 2, 2004 for 953731 NWT Ltd., the company that delivers jet fuel to the airport.

Benoit first filed a complaint in Nov. 26, 2004. A month later the labour board ruled in his favour, but Kheraj appealed the decision in January 2005.

Kheraj maintained he hired Benoit as a manager and paid him by salary, so overtime pay wasn’t necessary. His appeal included a letter from David Roberts, a Government of Nunavut transportation programs officer, who said he would update his files to list Benoit as manager of airport fueling.

Kheraj’s appeal also included a letter from Bram Sikma from the GN’s petroleum products division, who said he saw Benoit being trained to be a manager by Josh Hunter. That letter came with an affidavit from Patrick Gaulton, who also claimed that Benoit was a fuel manager.

But the board concluded there was little hard evidence that Kheraj hired Benoit as a manager.

“You can name a position anything, including a manager. For example, did the position in question have staff that had to be supervised? What about an interest in the operations of the company? Did he have the authority to make financial commitments for the company? These are only a few duties that would help determine if this employee was a manager and from the material that was submitted, he was not.

“There is no documented contract or job description upon hiring signed by either the employee or employer.

“The only written document that indicated a hiring position title is the Record of Employment completed after termination. This document was completed and signed by the employer. This document indicates the job position was that of ‘refueller.’”

In December, Benoit told Nunatsiaq News he hadn’t received his cheque yet, but that the labour board told him he would receive it by January.