The pay system would be changed so that the employees, who currently are paid at the end of each two-week period of work, would instead be paid two weeks after the end of each two-week work period, with such transitional amount to be repaid out of the amount otherwise payable after the final work period. The Directorate stated:
[Y]ou have good arguments for concluding that the amount received by an employee is a payment in advance of wages rather than a debt. The fact that there is no note, acknowledgement of debt or document between the employee and the employer to establish the existence of a loan and the obligation to repay the amount, the absence of repayment terms within a reasonable period of time and the recovery of the amount received during the transition by reducing the wages paid in the last pay are indications that the amount received is not a debt. However, the fact that the amount does not bear interest is not in itself sufficient to conclude that it is not a loan or debt.