(Jan. 29/14) Following an appeal by Boston Pizza, the Workers’ Compensation Board (WCB) Appeal Commission has decided not to overrule the Alberta WCB’s use of credit card gratuity as assessed payroll. The Commission noted it has no jurisdiction over how Alberta WCB interprets the credit card gratuity policy, or its reasonableness. As such, the gratuity policies of other WCB jurisdictions have no bearing on Alberta.
This decision sets a precedent for other Alberta restaurants that have received WCB audits.
CRFA is working with Boston Pizza and other affected restaurateurs to create an action plan. In a letter to the Alberta WCB Board and Minister Responsible for WCB, we asked that their gratuity as insurable earnings policy be more fair, consistent and aligned with other WCB jurisdictions.