— Hockey league appeals labour order —

(OSOYOOS TIMES — August 1, 2007) —

By Lawrence McMahenrnOsoyoos Times

The Osoyoos Times has learned that nearly three months ago a branch of the B.C. Ministry of Labour ruled in favour of five former staff of the World Hockey Association who had filed complaints that they had not been fully paid by the league.
In early May the Ministry's Employment Standards Branch ordered the WHA and its owner, Ricky Smith, to pay the five former employees “ including two from the Osoyoos Spurs “ a total of approximately $22,000 to settle the back-pay that was owed.
One of those former WHA staff says Smith and the WHA filed an appeal of the ruling before the June 4 deadline, and a decision on that appeal is expected to be released this week.
The five former WHA employees involved are: Jennifer Tran and Lacey Shenton, who worked at the WHA's head office in Surrey; Ken Southwick, the first coach of the Osoyoos Spurs; Jerry Ellingson, an office assistant for the Osoyoos Spurs last September and October; and Tracy Schuek, who worked for the Golden Jets team in the KIJHL (Kootenay International Junior Hockey League), owned by Ricky Smith and Bobby Hull.
A Ministry of Labour official confirmed that the Employment Standards Branch issued the determination order in the case against the WHA for just over $20,000.
No breakdown is available for how much each of the five complainants received from the $22,000 total back-pay order.
Former Spurs volunteer and employee Ellingson says after Smith appealed the order, the five complainants made further submissions to the tribunal that is established under the Employment Standards Act to hear such appeals.
The Act says the tribunal has the power to confirm, vary or cancel the determination under appeal, or refer the matter back to the director (of the Employment Standards Branch).rnIn its first season last fall and winter, the WHA was plagued by allegations of lack of payment not only to some staff, but also to some suppliers, bus companies and town arenas. In Osoyoos in early 2007, the Town cancelled its six-year contract with the WHA after less than one year, saying the league had fallen more than $12,000 behind in money owing for ice time and advertising revenue.
Smith has said the WHA's financial problems were largely due to actions by some of his staff. He has paid the league's debt to Osoyoos in full and is now in talks with the Town about a new contract for the Spurs to play in the Sun Bowl Arena in the upcoming 2007-08 season.
Some new teams have joined the WHA for this season, and a new team is being established in Oliver, the 'Roadrunners', which will reportedly be coached by former National Hockey League star Gary Unger. Unger coached the WHA's New Westminster Whalers last season, and that team won the league's shortened first season.
The Osoyoos Spurs' first coach, Ken Southwick, is one of the five receiving the favourable ruling from the Employment Standards Branch against the WHA.
Southwick launched his formal claim against Smith and the WHA last December with the B.C. Ministry of Labour.
Smith told the Osoyoos Times in January he agreed that he owed Southwick some money for the final portion of his seven weeks of coaching the Spurs last fall, but he and Southwick could not arrive at a final amount owing.
Southwick told the Times earlier this year he received pay from the WHA until the end of September 2006. He coached into October. In his labour action, he claimed for salary for October and November, as well as for money he was to receive for his major effort to sell advertising to Osoyoos businesses on boards in the Sun Bowl Arena, and for some expenses.
Ellingson claimed in his labour action that he was hired by the WHA in early September 2006 and worked until October 18 assisting Southwick with office duties for the Spurs.
Smith had claimed Ellingson was a volunteer, but he did pay Ellingson some money to recognize his contribution to operation of the Spurs. But Ellingson claimed that payment didn't cover much of the work he did, so he filed a claim with the Employment Standards Branch.