Is making a restaurant employee pay for dine and dash tables legal in Ontario?

Answer 1

No, This is illegal. According to the Ontario labour website(http://www.labour.gov.on.ca/English/es/pubs/guide/paywage.php) , deductions can only be made when ;

i) There is a federal law requireing said deduction ie. Canadian Pension Plan or Employment Insurance.

ii) There is a court order, ie. the employee owes money to the government, an individual or the employer

OR

If the court decides the employee owes the employer money, then the employer can deduct the money from the employees pay without the court specifically ordering such.

The amount the employer can deduct at any one time is limited by the Wages Act (http://www.e-laws.gov.on.ca/HTML/statutes/English/elaws_statutes_90w01_e.htm)

iii)"An employer may also deduct money from an employee's wages if the employee has signed a written statement authorizing the deduction. This is called a "written authorization."

An employee's written authorization must state that a deduction from wages is allowed. The authorization must also:

• specify the amount of money to be deducted;

  or

• provide a method of calculating the specific amount of money to be deducted.

An employee's verbal authorization or a general statement ("blanket authorization") that an employee owes money to the employer under certain circumstances is not sufficient to allow a deduction from wages.

Even with a signed authorization, an employer cannot make a deduction from wages if:

• the purpose is to cover a loss due to "faulty work." For example, "faulty work" could be a mistake in a credit card transaction, work that is spoiled or rejected, or a situation where tools are broken or company vehicles damaged;

  or

• the employer has a cash shortage or has had property lost or stolen when an employee did not have sole access and total control over cash or property that is lost or stolen. A deduction can only be made when the employee was the only one to have access to the cash or property, and has provided a written authorization to the employer to make the deduction."

http://www.labour.gov.on.ca/English/es/pubs/guide/paywage.php