Darcy Watson

The employer applied for a review of an Order to Pay issued under the Employment Standards Act.

During the hearing, the parties reached a memorandum of settlement to dispose of all matters in dispute.

The Board ordered the funds held in trust to be disbursed to the employee and the administration fee retained by the Consolidated Revenue Fund, and rescinded the Order to Pay.

The applicant employer sought a review of an Order to Pay for unpaid wages, termination pay, and vacation pay.

The employer failed to attend the scheduled hearing.

As the party seeking to establish that the amounts were not due, the employer bore the onus of proof.

Due to its failure to attend and call evidence, the application for review was dismissed and the Order to Pay was upheld.

The applicant employer appealed an Order to Pay under the Employment Standards Act.

The applicant failed to appear at the scheduled hearing, having requested an adjournment two days prior due to late receipt of the Notice of Hearing.

The Board found that the Notice of Hearing had been sent to the applicant's old address and that two days' notice was insufficient.

Despite the applicant's failure to attend the hearing to explain the request or notify the responding parties, the Board granted the adjournment and referred the matter to the Registrar for rescheduling.