Ontario Labour Relations Board
0206-99-ES Claudette Spence, Applicant v. Action Sport Knit (West York) Ltd. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32 004942
BEFORE: Timothy W Sargeant, Vice-Chair.
APPEARANCES: Craig Lewis for the applicant; Peter Bahry for the responding party; Karima Chatur for the Ministry of Labour.
DECISION OF THE BOARD; June 8, 2000
1. This is an application pursuant to section 67 of the Employment Standards Act, (the "Act").
2. At the hearing held on June 8, 2000 the parties agreed to the following:
a) the commencement of employment for the claimant Ms. Spence was January 26, 1981;
b) termination of the first period of employment was March 9, 1998;
c) Ms. Spence was rehired June 8, 1998;
d) severance of employment occurred July 16, 1998;
e) the reason for the termination was for poor work performance;
f) the employer agrees wilful misconduct was not a reason for the termination;
g) the parties agree that under the Act the two periods of employment are deemed to be continuous employment;
h) as a result the employer agrees to pay full entitlement to the claimant in the amount of $2,400.00 within 30 days of today's date.
DISPOSITION
3. As a result of the above agreement the Board issues the following consent order:
that the employer pay to the claimant the amount of $2,400.00 within thirty days of June 8, 2000.
"Timothy W. Sargeant"
for the Board