Good news: payment of annual vacation taken in advance does not entail recurrence

Release date: March 1st, 2011

The Court of appeal has overturned a ruling by the Court of Quebec which had deemed that the salary paid for vacation taken in advance, under section 70 of the Act respecting Labour Standards, was a form of bonus granted by the employer, as this assumption is not supported in fact or in law. In addition, since the vacation taken in advance had already been paid, there is no resulting financial prejudice to the employee. Moreover, none of the evidence submitted could lead to the conclusion that a legal violation had caused any problems or inconvenience to the employee that might translate into damages. Finally, the law does not grant the Commission des normes du travail the authority to claim damages from an employer, on behalf of employees, when there was no financial prejudice. Nestlé Canada Inc. v. Commission des normes du travail, DTE 2009T-838 (C.A.) Judges Marc Beauregard, François Pelletier and Jacques A. Léger


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