A car dealership that sued an ex-employee, claiming he was overpaid, didn’t get the result it was hoping for.
Marine Chrysler Dodge Jeep, which is located in Vancouver, BC, sued Michael Nonva, claiming it overpaid him for one day of work.
The dealership also claimed that Nonva incurred costs related to a company vehicle, including parking tickets and retrieval costs. In total, the dealership claimed $835.17.
Nonva filed a counterclaim, suggesting that the dealership actually underpaid him, so he owes nothing. He claimed $3,600 for unpaid salary.
Here’s what the tribunal determined.
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On November 19, 2022, both parties entered into an agreement. Nonva was set to start working for the dealership on December 5, 2022. Payment included a $4,500 monthly base salary and commission at 3% for gross profits over $150,000.
For December 2022, January 2023, and February 2023, the terms were a little different, and Nonva was to be paid $7,500 per month.
On New Year’s Day 2023, Nonva said he was resigning immediately, and the dealership accepted his resignation.
Marine Chrysler Dodge Jeep said it paid Nonva $3,913.08 on December 30, 2022, which included pay for December 31, even though Nonva did not show up to work that day.
The dealership added that Nonva only worked 11 of 23 working days in December, but the tribunal wasn’t sure how the dealership calculated that. The dealership also said that Nonva was entitled to $326,09 for each day he worked in December and that because it paid him $3,913.08 for 12 working days when he only worked 11, it overpaid him $326.09.
Nonva disagreed with that calculation, suggesting that based on the agreement, he should’ve been paid $7,500 for the month regardless of the number of days worked.
This was the tribunal’s math:
“Since Mr. Nonva took seven unpaid days off in December and was required to work 18 days in order to earn the full $7,500 monthly salary, I find he was entitled to be paid for 11 days only. So, I find MCDJ should have paid Mr. Nonva $416.67 a day, totalling $4,583.37 for the 11 days he actually worked. Since MCDJ only paid him $3,913.08, I find it underpaid Mr. Nonva $670.29.”
The tribunal added that it agreed that Nonva should’ve paid for some unpaid parking tickets, so it deducted those tickets from the $670.29.
Ultimately, Nonva was awarded $314.73 for unpaid salary and tribunal fees.
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