Mircho Mirchev

The applicant employer, a commercial operation supplying chicken-catching labour to farms, sought review of an Order to Pay issued by an Employment Standards Officer.

The employer argued that its employees were exempt from overtime, vacation, and public holiday pay under Regulation 325 of the Employment Standards Act as persons 'employed on a farm'.

The Board held that the exemption applies only to employees employed on a single farm by a farmer, not to employees of a commercial operation providing services to multiple farms.

The application for review was dismissed.

The employer appealed an Order to Pay termination pay to two former employees, arguing they were terminated for wilful misconduct and wilful neglect of duty after a customer overheard them having an inappropriate conversation about management.

The Ontario Labour Relations Board dismissed the appeal, finding that while the employees' conduct was inappropriate, it did not amount to wilful misconduct or wilful neglect of duty because they did not intend to undermine the employer's reputation and it was not foreseeable that their actions would irreparably harm the employment relationship.

The applicant employer failed to attend the scheduled hearing for its appeal of an Order to Pay.

After standing down for half an hour, the Board orally dismissed the appeal.

Subsequently, the applicant's counsel advised the Board that the failure to attend was due to an inadvertent office error.

The Board treated this correspondence as a request for reconsideration and directed the parties to file submissions.

The applicant employer appealed an Order to Pay issued by an Employment Standards Officer for unpaid wages owed to the responding party employee.

The employer admitted to withholding the wages, alleging the employee had taken cash from product sales, but conceded that none of the statutory exemptions permitting set-off applied.

The Ontario Labour Relations Board dismissed the appeal, finding that the employer's actions were prohibited under section 8 of the Employment Standards Act and no exemption under O. Reg. 325 applied.

The applicant employer applied for a review of an Employment Standards Officer's decision under section 68 of the Employment Standards Act.

The applicant failed to attend the scheduled hearing.

The claimant and counsel for the Ministry of Labour attended and requested that the matter be dismissed.

The Board dismissed the application due to the applicant's failure to attend and directed that the monies held in trust be paid out to the claimant.