1172520 Ontario Ltd. o/a Valley Shows v. John Stratako, Joanne Warr and Ministry of Labour
Before: Christopher J. Albertyn, Vice-Chair.
Appearances: No one appearing for the applicant; John Stratako and Joanne (Warr) Stratako appearing on their own behalf; L. Eisenberg for the Ministry of Labour.
DECISION OF THE BOARD; June 7, 2000
1This is an employer appeal filed pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c. E.14, as amended (“the Act”) against Order to Pay No. 50329 issued by an Employment Standards Officer on August 30, 1999.
2The matter was scheduled to be heard at 9:30 a.m. on June 7, 2000. Notice of the hearing at that time was properly given to the applicant well in advance of the hearing. There was no appearance by the applicant at the appointed time for the hearing. The matter was delayed for a period of half an hour in case of a late arrival. Notwithstanding the delay, there was still no appearance by the applicant when the matter was to be heard. The hearing then proceeded in the absence of the applicant. The Ministry requested that the application be dismissed on account of the applicant's failure to advance its claim. Having considered the matter, there is no evidence to support the application, and it is hereby dismissed. The employees affected by the Order to Pay are entitled to receive the money held in trust for them.
3At the conclusion of the hearing the responding employees requested to be refunded the amounts they had expended in travelling to the meetings scheduled by the Board with a Labour Relations Officer and for attending the hearing. Those expenses amount to $585.00.
4The Board has no jurisdiction to grant costs in applications under section 68 of the Act. Accordingly, the request for refund of travel expenses by the employees is denied.
DISPOSITION
5I make the following declarations and orders and I issue the following directions:
the application is dismissed;
the sum of $3,213.71 held in trust by the Ministry is to be disbursed in the following manner, with accrued interest:
a) $2,273.16 to John Stratako;
b) $648.39 to Joanne Warr;
c) $292.16 to the Ministry of Labour in respect of its administration fee, to be paid in due course into the Ontario Consolidated Revenue Service.
“Christopher J. Albertyn”
for the Board