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CHAPTER 180.

An Act respecting Masters and Servants.

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title.

Short title

Definition of master and employer

Scope of
Act

Misconduct of servant

Penalty

Proceedings

on

non-payment of wages

1. This Act may be cited as "The Masters and Servants Act."

Interpretation.

2. In this Act "master" or "employer" shall include a corporation as well as an individual or partnership. [1904, c. 3, s. 7.]

3. Every contract or hire of personal service shall be subject to the provisions of this Act and if such contract is for any period more than one year it shall be in writing and signed by the contracting parties. [1904, c. 3, s. 1.]

4. Any person engaged, bound or hired whether as clerk, journeyman, apprentice, servant, labourer or otherwise howsoever, guilty of drunkenness or of absenting himself by day or night without leave from his proper service or employment or of refusing or neglecting to perform his just duties or to obey the lawful commands of his master or of dissipating his employer's property or effects shall be deemed guilty of a violation of his contract and upon summary conviction of one or more of the said violations shall forfeit and pay such sum of money not exceeding thirty dollars as to the justice or magistrate seems meet together with costs of prosecution; and in default of payment thereof forthwith shall be imprisoned for any period not exceeding one month unless the fine imposed and costs together with the costs of commitment and conveying such convicted person to the place of imprisonment be sooner paid. [1904, c. 3, s. 2.]

5.-(1) Any justice upon oath of any employee, servant or labourer complaining against his master or employer concerning any non-payment of wages (not exceeding two months' wages, the same having been first demanded) ill-usage or improper dismissal by such master or employer, may summon the master or employer to appear before him at a reasonable time to be stated in the summons and the justice shall examine into the matter of the complaint whether the master or employer appears or not; and upon due proof of the cause of complaint the justice may discharge

the servant or labourer from the service or employment of the master and may direct the payment to him of any wages found to be due (not exceeding two months' wages as aforesaid) together with costs of prosecution, the same to be levied by distress and sale of the goods and chattels of such master or employer.

improper

(2) In the event of the justice determining that the ser- Adjudging vant or labourer has been improperly dismissed from the sal service of the master or employer he may in addition to directing the payment to him of any wages found to be due (not exceeding two months' wages as aforesaid) direct such master or employer to pay such servant or labourer such further amount as to him may seem reasonable, but not exceeding in any event four weeks' wages at the rate at which he was being paid by his master or employer when improperly dismissed as aforesaid, or an amount equal to the wages which would have been earned by such servant or labourer between the date of his dismissal and the date of the determination of the matter of the complaint by such justice had such servant or labourer continued in such employment at the rate at which he was being paid when improperly dismissed as aforesaid, whichever amount shall be greater, together with the costs of prosecution, the same to be levied by distress and sale of the goods and chattels of such master or employer.

dismissal

sufficient

cause

(3) In the event of the said justice determining that the Adjudging servant or labourer has, for good and sufficient cause, been for good and dismissed from the service of the master or employer he may in addition to directing the payment to him of any wages found to be due (not exceeding two month's wages as aforesaid) direct such master or employer to pay such servant or labourer an amount not exceeding the wages which would have been earned by such servant or labourer between the date of his dismissal and the date of the determination of the matter of the complaint by such justice had such servant or labourer continued in such employment at the rate at which he was being paid when dismissed as aforesaid, together with the costs of prosecution, which amount may be levied by distress and sale of the goods and chattels of such master or employer.

counterclaim

(4) If upon the inquiry by the justice it is made to appear Inquiry into by the oath of the master or employer or some person by employer acquainted with the facts that such master or employer would or might be entitled in a civil action by the complainant for the recovery of the wages claimed to be due for services rendered or for improper dismissal or both, to a claim by way of set-off or counterclaim such justice shall in a summary manner inquire into such set-off or counterclaim, and if he determines that the right to such set-off or counterclaim is established, shall direct the payment to the complainant of the wages determined to be due to

Saving of other civil remedies of employer

Limit of time for instituting proceedings

Applications

to contracts made outside Province

Preservation

of other remedies

him after deducting therefrom the amount for which such justice is of the opinion that the employer or master is entitled to such set-off or counterclaim, together with the costs of prosecution, or if such amount is equal to or greater than the wages determined to be due to the complainant the justice shall dismiss such complaint.

(5) Nothing herein contained shall be deemed to prejudice or in any way affect the right of any master or employer, or his administrators, executors or assigns, to any civil remedy to which he or they might be entitled against such servant or labourer by reason of such set-off or counterclaim. [1904, c. 3, s. 3; 1909, c. 4, s. 4; 1911-12, c. 4, s. 11.]

6. Proceedings may be taken under this Act within three months after the engagement or employment has ceased or been terminated or within three months after the last instalment of wages under the agreement of hiring has become due whichever shall last happen. [1904, c. 3, s. 4']

7. The provisions of this Act shall be held to apply in the Province of Alberta to contracts and agreements made at any place outside the same. [1904, c. 3, s. 5.]

8. Nothing in this Act shall in any wise curtail, abridge or defeat any civil or other remedy for the recovery of wages or damages which employers or masters may have against servants or employees or which servants or employees may have against their masters or employers.

[1904, c. 3, s. 6.]

CHAPTER 181.

An Act to Provide a Minimum Wage for Women.

HIS

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title.

1. This Act may be cited as "The Minimum Wage Act." Short title

Interpretation.

[1922, c. 81, s. 1.]

2 In this Act, unless the context otherwise requires,

Interpretation

(a) "Apprentice" shall include any person who receives Apprentice
instruction in any trade or occupation;

(b) "Board" shall mean the Minimum Wage Board Board
hereby created;

(c) "Employee" shall mean a female worker employed Employee
in any trade or occupation who works for wages,
except domestic servants in private houses;

(d) "Employer" shall include every person, firm or Employer
corporation, agent, manager, representative, con-
tractor, sub-contractor or other person responsible
directly or indirectly for the payment of wages
to an employee;

(e) "Minister" shall mean the Minister of Public Minister
Works;

(f) "Wages" shall include all wages and salary.

Wages

[1922, c. 81, c. 2.]

Scope of Act.

3. This Act shall only apply to employment in the places Application of designated in schedule A hereto. [1922, c. 81, s. 3.]

Act

Minimum Wage Board.

of members of

4. (1) The Lieutenant Governor in Council may Appointment! appoint three members to constitute a Minimum Wage Board Board, one of whom shall be appointed as representing the employers, the second as representing the employed and the third as representing the Province at large.

(2) The Lieutenant Governor in Council shall also Chairman name one of the members as chairman of the Board.

(3) Two members of the Board shall constitute a quorum. Quorum [1922, c. 81, s. 4.]

Inquiries as to employment

Conferences between

employers

Powers of Board.

5. The Board may inquire into the conditions prevailing in any class of employment and the scale of wages payable therefor, and in conducting such inquiry shall have all the powers conferred upon a commissioner under The Public Inquiries Act. [1922, c. 81, s. 5.]

6.—(1) The Board may at any time direct a conference employees and between representatives of employees and employers in any class of employment, for the purpose of reaching an agreement as to the minimum wage which ought to be paid in that class of employment, and as to any matter referred to in section 10 hereof.

Submitting agreement to Board

Establishment of minimum wage by Board

Supersession of provisions of Factories Act

Date of order becoming

operative

Fixing periods of employment

Supersession

of provisions of Factories

Act

(2) Every such conference shall consist of an equal number of representatives of employees and employers approved of by the Board and of the chairman of the Board sitting as chairman of the conference.

(3) Such number shall be fixed by the Board.
(4) The chairman shall not vote.

[1922, c. 81, s. 6.]

7. The agreement, if any, arrived at by a majority of the conference shall be submitted in writing to the Board, but a minority report may also be made. [1922, c. 81, s. 7.]

8. (1) The Board may at any time by order, whether a conference has been held under the provisions of this Act or not, establish a minimum wage for employees with regard to any trade or occupation, and with regard to any municipality to which this Act applies or any number of such municipalities.

(2) A minimum wage may be established separately for employees classified as handicapped, or part time employees, or as apprentices.

(3) The provisions of The Factories Act as to a minimum wage and any other statutory provision with regard thereto shall not be applicable to any employee in respect of whom a minimum wage has been fixed by this Act.

[1922, c. 81, ss. 8, 18.]

9. Any order made under the provisions of the preceding section shall become operative at the date of publication thereof in The Alberta Gazette. [1922, c. 81, s. 9.]

10. (1) The Board, with the approval of the Lieutenant Governor in Council, may fix periods of employment and shifts for different classes of employees, and in so doing shall determine the time or times to be allowed for meals.

(2) Wherever any periods of employment or shifts are determined by the Board under the provisions of this Act,

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