MVINEWS.COM
April 2016
MetroVan Independent News
7
NEWS
Cucina Manila can lose all its assets
as interest on money owed pile up
By MetroVan Independent News Team
It has been over five working days since
the director of Employment Standards
ordered Cucina Manila restaurant to pay
wages owed workers as legitimate salaries.
No word if an actual payment via a certified
cheque through the director of Employment
Standard was made as sources contacted
by MVI News say they are in the dark as to
current developments.
It is likewise not known whether
the owners availed of Supreme Court
processes to contest collection
proceedings although a writ of seize and
seizure can also be issued by the Court if
the claims by the workers are proven as
valid.
The workers filed for a total amount
of $23,899.00 but the Employment
Standards Branch calculated the full
amount owed to the workers at $42,495.12
plus the mandatory administrative penalty
of $2,500.00 for a final total owing of
$44,995.12
Cucina Manila was given five working
days to send a certified cheque or
money order payable to the Director of
Employment Standards. If payment is not
received by the end of the appeal period
additional interest will accrue.
A determination may be filed in British
Columbia Supreme Court and collection
proceedings commenced without further
notice. This may include the issuance of a
writ of seizure and sale to be executed by
the Court Bailiff. It means the courts could
seize any properties owned by the group to
cover for its financial liabilities.
Under the Act, directors and officers
of companies can also be required to pay
wages owed to employees. Directors and
officers who authorize, permit or acquiesce
in the contravention of the Act are also
liable for the total administrative penalty.
Five previous employees of Cucina
Manila food group have filed a Request
for Payment against the said company
before the British Columbia Employment
Standards Branch claiming non-payment of
wages amounting to a total of $23,899.00.
The Cucina Manila group of restaurants
owned by Liberty Vibar was relatively
successful in the past years with their
expansion into a four restaurant operation
in Richmond, New Westminster, Surrey and
Vancouver.
The Richmond location, however,
recently closed.
The Metrovan Independent team who
Cucina Manila on Joyce Street in Vancouver.
interviewed five former Cucina Manila
employees unraveled what appear to be
similar allegations. They could not get
past wages due. Instead, they would
keep working with the hope they would
eventually be paid.
Management would string them along
with promises – just enough to keep them
working but not catching up with past
salary owed. At times they would be paid
in cash after every shift.
They claim once they stopped working
they could not get paid for past hours
owed. They all reported they were never
paid for overtime or holiday pay at any
time. Some employees worked seven days
a week.
EMPLOYEE COMPLAINTS
• Lasallete L. Viray – who worked for
Cucina Manila for seven years wrote
in her complaint that she is owed
$7,085.00 for unpaid salary, holiday
pay and overtime. “I was working
for an average of 13.5 hours a day
without overtime and without holiday
pay. They did not pay me overtime.
They only paid partial of my regular
salary. To cheat on their taxes, they
payed me in cash. I have a record of
all my hours. I have worked at Cucina
Manila Surrey.” Viray reported working
94.5 hours per week
• Wilfredo M. Bagang – who worked for
Cucina Manila for eight months wrote
he is owed $2,709.00 and wrote in the
complaint “I was never paid for those
days and I was paid in checks that
turned out to have no sufficient funds
(NSF). So I asked to be paid in cash for
the rest which they did not do.”
• Delford T. Avila – who worked for Cucina
Manila for six years wrote he is owed
$3,900.00 and stated “I was working for
an average of 8.5 hours a day without
overtime and without holiday