2957-99-ES City Gas Co. Inc., Applicant v. Susan Troupe and Ministry of Labour, Responding Parties
Employment Practices Branch File No. 30013511
BEFORE: Stephen Raymond, Vice-Chair.
APPEARANCES: Grace Alison Permaul for the applicant; no one appearing for the responding party; Karen Northey for the Ministry of Labour.
DECISION OF THE BOARD; July 25, 2000
1This is an application by City Gas Co. Inc. (“City Gas”) of an Order to Pay #56030 in the amount of $ 3,294.72 dated November 19, 1999. The amount is in respect of eight weeks of termination pay for Ms. Susan Troupe (“Ms. Troupe”).
2City Gas takes the position that the Order to Pay was improper because Ms. Troupe was not terminated from employment but that she quit.
3Ms. Troupe did not attend the hearing. The only evidence that was led was by the employer.
4Ms. Marlene Aylward a managerial employee was called. She testified that on June 16, 1999, Ms. Troupe telephoned City Gas and requested a Record of Employment. She testified that Ms. Troupe indicated that she would not be returning to her job and that she was quitting.
5After considering the evidence presented, the Board finds that the Order to Pay was incorrect and that the amount should be returned to the employer.
6The application is granted. The order to pay is rescinded. Accordingly, I order as follows:
(i) that the monies paid to the “Director in trust”,
in relation to this matter be disbursed as follows:
to City Gas $ 2,995.20
(ii) that the administration fee as set out
in the Order to Pay be retained by the
Government of Ontario Consolidated
Revenue Fund $ 299.52
total amount held in trust $ 3,294.72
“Stephen Raymond”
for the Board