Milburn v. Marid Industries Ltd.

Milburn v. Marid Industries Ltd.

Hours of trade training completed at NSCC did not occur pursuant to an apprenticeship agreement with an employer and therefore do not count as 'hours of the term of apprenticeship' for purposes of s.4 of the Welder Trade Regulations; consequently the claimant was correctly paid the 65% rate for the first 2,000 hours...

Source-derived case information.

Citation
2013 NSSM 19
Parties
Claimant: Christopher Michael Milburn; Defendant: Marid Industries Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 May 2013
Procedural Posture
Small Claims Court / Decision (adjudicator's Ruling)
Outcome
Declaration for defendant on principal issue: NSCC training hours do not count toward the term of apprenticeship for purposes of the Welder Trade Regulations; claimant not entitled to 75% rate for first 2,000 hours.
Legal Topics
Apprenticeship Wage Entitlement, Interpretation of Wage Regulations, Definition of Apprentice, Jurisdiction to Adjudicate Apprenticeship Disputes
Source Language
english
Employment Law Labour Law Administrative Law Statutory Interpretation Apprenticeship Wage Entitlement Interpretation of Wage Regulations Definition of Apprentice Jurisdiction to Adjudicate Apprenticeship Disputes

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Parties

Christopher Michael Milburn

Claimant

Marid Industries Limited

Defendant

Procedural Posture

Small Claims Court / Decision (adjudicator's Ruling)

Legal Issues

  1. 1 Whether practical training hours at NSCC count toward the 'term of apprenticeship' for purposes of the Welder Trade Regulations wage schedule
  2. 2 Whether the Nova Scotia Department of Labour was the proper forum to determine this wage entitlement

Ratio Decidendi

Hours of trade training completed at NSCC did not occur pursuant to an apprenticeship agreement with an employer and therefore do not count as 'hours of the term of apprenticeship' for purposes of s.4 of the Welder Trade Regulations; consequently the claimant was correctly paid the 65% rate for the first 2,000 hours of employment at Marid.

Court Disposition

Declaration for defendant on principal issue: NSCC training hours do not count toward the term of apprenticeship for purposes of the Welder Trade Regulations; claimant not entitled to 75% rate for first 2,000 hours.

Orders

  • Declaration that hours at NSCC are not 'hours of the term of apprenticeship' for s.4 of the Welder Trade Regulations
  • No monetary award on the principal issue; parties may return to Small Claims Court to resolve remaining factual or calculation issues if they cannot agree