Continental Poultry Equipment Limited v. George Karakitsos and Ministry of Labour
[1999] OLRB REP. SEPTEMBER/OCTOBER 808
2838-98-ES Continental Poultry Equipment Limited, Applicant v. George Karakitsos and Ministry of Labour, Responding Parties
BEFORE: Harry Freedman, Vice-Chair.
APPEARANCES: James F. Cartier for the applicant; no one appearing for George Karakitsos and Karima Chatur appearing for the Ministry of Labour
DECISION OF THE BOARD; October 28, 1999
1This is an application under section 68 of the Employment Standards Act, R.S.O. 1990, c. E. 14, as amended (the "Act") for review of Order to Pay No. 52310 issued by Employment Standards Officer Caroline Burke. The application was scheduled for hearing before me for Wednesday, October 27, 1999 to commence at 9:30 a.m.
2George Karakitsos, the employee responding party, was served with notice of the hearing but did not appear at the time the hearing was to commence. The applicant and counsel for the Ministry of Labour were present. The Board, following its usual practice waited until after 10 a.m. to convene the hearing. The applicant and counsel for the Ministry of Labour requested that the hearing of this application proceed.
3Counsel for the Ministry of Labour advised the Board she had met with the applicant prior to the hearing and had reviewed the applicant's payroll records and cancelled payroll cheques. She advised me that the Ministry of Labour was now satisfied that the applicant had paid Mr. Karakitsos the wages to which he had been entitled and therefore consented to the Board allowing the application. Counsel for the Ministry advised that she was consenting to the Board ordering the Director to remit to the applicant the wages being held in trust. When asked by the Board about the administration costs paid by the applicant, counsel for the Ministry advised that she had no authority to waive the payment of those costs.
4I am satisfied that I have the authority under section 68(20) of the Act to rescind the order to pay in its entirety. In these circumstances, the rescission of the order to pay would also necessitate rescission of the payment of the administration costs. Therefore, I am satisfied, based upon the representations from counsel for the Ministry of Labour and the authority conferred on the Board by section 68(20) of the Act to order the Director to remit to the applicant all of the monies that had been paid by the applicant to the Director, together with all accrued interest.
Disposition
5This application for review of Order to Pay No. 52310 is granted. The Board hereby orders the Director to remit to the applicant as soon as is practicable the sum of $691.57 being held in trust in this matter together with the interest accrued on that amount.