Janice operates a tavern in town encountering financial difficulties because of a downturn in the economy. She recently hired Bob as a full-time bartender. In a private meeting with Janice before his first shift, Bob agreed to accept less than minimum wage in exchange for full-time hours. Additionally, the agreement was reduced to writing. In these circumstances, if the agreement were subsequently reviewed by an employment standards officer:
◦ the minimum standards found in provincial employment standards legislation cannot be waived by contract and Bob is therefore entitled to the full minimum wage.
◦ the agreement would be enforced because Bob undoubtedly made up the shortfall in minimum wage in tips.
◦ the agreement would be unenforceable because the employer operates a licensed establishment.
◦ the agreement would be enforced given that it was on consent.
◦ the agreement would be enforceable because Bob received full-time hours in exchange for the reduction in pay.
Christian Gladu, The Bungalow Company, The Birch, North Town Woods, Bainbridge
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