1149-00-ES Nu-Style Patties Inc., Applicant v. Barbara McLay-Rooney, George Wilson, Suzanne Roberts, Kyle Stephens, Keith Freeman, Cheryl Scouten-Montague, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 51077513
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; August 1, 2000
1. This is an application under section 68 of the Employment Standards Act, R.S.O. 1990 as amended, for a review of the decision of an Employment Standards Officer requiring the applicant employer to pay certain employees unpaid wages and vacation pay. The application is unusual, in that the applicant states: ”We are unable to pay your order at this time. We are not disputing owing the money, we have no funds to pay anyone at this time.”
2. The applicant has misconceived the purpose of section 68. If a party disputes that the Officer’s findings are correct, this application requires the Board to examine the facts and determine the obligation, if any, of the employer to pay the monies allegedly owing. In this case, the applicant states that there is nothing for the Board to do. There is no issue raised by the applicant as to the correctness of the Officer’s findings. There is nothing for the Board to adjudicate.
3. The Board has no authority to determine a schedule for payment of monies that a party admits are owing. That must be arranged with the Ministry of Labour directly. Since there is nothing to decide under section 68, there is nothing the Board can do in this matter. This application is dismissed.
“David A. McKee”
for the Board