3404-98-ES Tammy Villeneuve, Applicant v. Windmill Point Restaurants Inc. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 23000409
BEFORE: Pamela A. Chapman, Vice-Chair.
DECISION OF THE BOARD; June 12, 2000
1This is an application for review of the decision of an Employment Standards Officer not to issue an order to pay, pursuant to section 67 of the Employment Standards Act (“the Act”).
2By decision dated February 23, 2000, the Board directed counsel for the Ministry of Labour to provide certain information concerning the investigation of claims for unpaid wages at Windmill Point Restaurants Inc., and to advise of the Ministry’s position on a number of issues.
3By letter dated April 20, 2000 the Ministry has provided certain information. It is not clear from the letter whether or not this information was provided to counsel for the employee as directed by the Board.
4Counsel for the employee is being provided with copies of the material and letter from the Ministry together with this decision. Counsel is directed to review this material, and to advise the Board and counsel for the Ministry of the position of the applicant as to the application of section 82.3(2) of the Act in the circumstances of this case. Counsel should also indicate whether the applicant is seeking a further oral hearing, and if so, whether or not the applicant takes the position that the testimony of any Employment Standards Officer will be required.
5Once the applicant writes to the Board as directed, the Board may issue a decision or list the matter for hearing, as appropriate.
“Pamela A. Chapman”
for the Board