The applicant employer sought to review an Order to Pay issued under the Employment Standards Act.
The affected employee had concurrently pursued a wrongful dismissal action in court, which was ultimately successful, and leave to appeal to the Supreme Court of Canada was denied.
The employee subsequently confirmed he no longer asserted any claim to the monies held in trust for the ESA claim.
Given the circumstances and the positions of the parties, the adjudicator vacated the Order to Pay and directed the return of all trust monies to the applicant.
