Frank Camilleri

The applicant employer sought review of an Employment Standards Officer's order requiring it to pay the responding party employee termination and vacation pay.

The employer argued the employee was not entitled to termination pay due to wilful misconduct and disobedience, specifically his refusal to return to a job site and follow supervisors' instructions.

The Board found that the employee wilfully disobeyed instructions to attend the office and a job site, constituting wilful misconduct and disobedience under the Employment Standards Act.

The application for review was granted, and the order to pay was amended to revoke the termination pay.

The applicant and the affected employer failed to appear at the scheduled hearing.

After a one-half hour delay, Ministry counsel moved to have the application dismissed.

The adjudicator dismissed the application.

The applicant sought review of an Employment Standards Officer's decision regarding unpaid wages.

The employer failed to appear at the hearing despite reasonable efforts to serve notice.

The Adjudicator accepted the applicant's uncontested evidence that his wage rate was $12.00 per hour, rather than the minimum wage used by the Officer.

The award was amended to direct the employer to pay $1,532.64 in unpaid wages and vacation pay.

The applicant filed an application against the responding parties.

Having regard to the parties' Minutes of Settlement, the Adjudicator/Referee ordered the application withdrawn.

The employer appealed an Order to Pay issued by an Employment Standards Officer for unpaid overtime.

The employer argued that the employee had agreed to a higher flat hourly rate of $10.00 instead of $6.85 plus overtime, and that this arrangement actually resulted in higher total pay for the employee.

The Ontario Labour Relations Board dismissed the appeal, holding that section 3(1) of the Employment Standards Act prohibits contracting out of the overtime provisions in section 24, making the agreement null and void regardless of whether it appeared beneficial to the employee.