Zaikos v. Fundy Cable Limited
Our client, Tom Zaikos was a sales manager for a federally-regulated radio broadcasting company. He received his earned commission-based income in the form of regular draws which were charged against his earnings. Each year, he took vacations, and was paid by way of continued drawings. While it appeared that he was being provided an annual paid vacation, Zaikos was actually only receiving his commissions without the vacation entitlement stipulated under the Canada Labour Code. When he left his employment, Zaikos made use of an under-utilized provision of the Code to successfully claim many years’ worth of vacation pay – to the tune of approximately $40,000.00.