A former Outward Bound Canada instructor feels vindicated after a recent Ministry of Labour decision found the registered charity didn't keep proper records of his work hours and owed the former instructor $500 in vacation pay.

"It felt very affirming to get the results from the Ministry," said Alex Haney. "Especially after the way Outward Bound treated me like I was really ignorant about these issues."

The 31-year-old, who worked for the charity in Toronto for two years, submitted a complaint to the Ministry of Labour last November with allegations that included the charity was breaking Ontario labour laws by failing to pay minimum wage, overtime and schedule breaks for employees.

In June, Haney told CBC Toronto he and other instructors were paid on a per diem basis, which sometimes meant making as little as $8 an hour when stretched over a whole day or a 100 hour week guiding overnight camping trips in the GTA.

Haney, bottom right, says he and other instructors regularly worked more than 100 hours a week guiding overnight camping trips in the GTA. (Alex Haney)

So while Haney is glad the ministry has ruled in his favour in terms of vacation pay and the lack of records for his work hours, he's still concerned current employees might be underpaid because no decision was made about his minimum wage and overtime complaints.

No decision on minimum wage

The ministry didn't end up investigating those claims because Haney had already received a cheque from Outward Bound Canada. The roughly $1,000 cheque was for the amount Haney had told his former employer he was owed to comply with minimum wage.

"I feel like they might just take the easy route and do the bare minimum," Haney told CBC Toronto.

Outward Bound Canada declined to do an interview for this story. In a statement, Ontario program director Marika Chandler said the charity "has cooperated fully with the Ontario Ministry of Labour and has incorporated its recommendations.

"We have always, and will continue to, thoroughly consult our instructor teams across the country in a review of our employment practices, and are confident that we are compliant with employment standards," said Chandler.

So what does the decision mean for Outward Bound Canada?

Labour lawyer Marc Kitay says it would likely take another complaint from an employee for the ministry to determine if the charity is violating the Employment Standards Act in terms of minimum wage.

"It's easy for a lot of employers to just go the path of least resistance and just do as they please until someone complains," Kitay told CBC Toronto.

It's not worth experimenting with statutory violations just to save a buck. - Marc Kitay, labour lawyer

Even still the Whitten & Lublin lawyer added, "it's not worth experimenting with statutory violations just to save a buck."

That's because the Ministry of Labour's power isn't limited to investigating complaints. The ministry can decide to look into Outward Bound Canada on its own if it has reason to believe there's a "very broad violation of minimum standards going on," said Kitay.

And the Ministry of Labour might do just that.

New investigation for minimum wage allegations

In an email, an employment standards officer told Haney that since he'd reported other employees were also underpaid, another officer would be sent "to inspect the workplace and investigate these issues for all employees."

Haney doesn't think he'll be told what comes of any new investigation, but hopes the ministry will decide Outward Bound Canada isn't paying instructors properly so things might change for his former colleagues.

In the meantime, he's appealing part of the ministry's decision in his own case. The former instructor claimed that not offering him a new contract constituted a reprisal by Outward Bound Canada. The ministry didn't agree.

"Hopefully through my appeal I'll be able to get a little bit more insight into exactly what's happening to enforce these contraventions and make sure people are treated fairly from now on," said Haney.

He's also started a Facebook group to bring together instructors and other employers in the outdoor guiding industry to discuss employee rights.

The first step toward change, he says, is "working on getting people aware."