Tammy Villeneuve v. Windmill Point Restaurants Inc. and Ministry of Labour
File No.: 3404-98-ES Date: February 23, 2000
Before: Pamela Chapman, Vice-Chair.
DECISION OF THE BOARD
1This is an application for review of the decision of an Employment Standards Officer, pursuant to section 68 of the Employment Standards Act (“the ESA”).
2At the hearing in this matter on February 16, 2000, the Board reviewed with the parties their position on the application of section 82.3(2) of the ESA to the circumstances of the employee’s claim. It was clear that the application of the section would depend on the facts surrounding the involvement of one or more Employment Standards Officers in several claims for unpaid wages made by other employees of Windmill Point Restaurants Inc. (“the employer”).
3In these circumstances the Board directed counsel for the Ministry of Labour to consult with the Employment Standards Officers involved with the other claims to determine the relevant facts, and to advise counsel for the employee and the Board of the Ministry’s position as to the following matters:
(1) the dates on which claims by other employees of Windmill Point Restaurants Inc. were made, the timeframe in which they were investigated by the Ministry, the nature of the claims and the period of time to which they applied, and the outcome of the investigations;
(2) whether or not, in the course of investigating one or more of the claims made by the other employees, it came to the attention of any Employment Standards Officer that wages had not been paid to Ms. Villeneuve;
(3) whether or not, in the course of investigating one or more of the claims made by the other employees, it came to the attention of any Employment Standards Officer that wages had not been paid generally to employees during the period of Ms. Villeneuve’s claim; and,
(4) what, if anything, the Ministry did to alert other employees of the outcome of their investigation into the claims for unpaid wages filed by particular employees of Windmill Point Restaurants Inc., or to register claims on behalf of other affected employees.
4Once these particulars have been provided, the Board will consider whether and how to proceed further with the claim filed by this employee, and may seek the submissions of the parties, in writing or at a further hearing, in that regard. The Board will also advise the Ministry, if the matter is to proceed, whether or not the testimony of any Employment Standards Officer would appear to be required.
“Pamela Chapman”
for the Board