4483‑97‑ES E.S. Fox Limited, Applicant v. Frank Abbruscato, Robert Alexander, Mike Anastasio, Mark Artuso, Nicols Barnes, Darrell Barre, Amos Baxter, Winston Bigelow, Wayne Bleich, Daniel Boden, Mark T. Brickell, Ed Broere, William Bunnage,
Emery Buzogany, Ron Colbert, Larry Covre, Jerry Deleeuw, Arthur Dooey, George Dowling, Hugh Evans, Joseph Fazekas, Brian Ferguson, Mark Ferguson, Greg Follick, Gary Gaudette, Darnell Graveline, Al Grimm, Roy Gvozdenovic, Frances Harold, Greg Hopkins, Gilbert G. Hopps, Duncan Howes, John Hughes, John Jeffery, Winston A. Johnson, Terry King, Mike Koshil, Jean‑Paul Landry, Donald MacCuish, Leslie Maracle, Bruce Marchand, Pat Marinucci, James C. McArthur, Robert McKinley, George McMullen, Michael Montgomery, Roger Montpetit, Darren Moses, Charles Nelson, Jason Nicks, Mark North, Tim Page, Jim Passero, Andrew Patterson, Gilles A. Plante, Robert Poirier, Kenneth Porter, George Power, Anton Resch, Kevin Roland, Gerald Royer, John Russell, Mark Schaefer, Randy Schaubel, Yves Simard, Lance Simpson, Brian Smeed, Brian Stevens, Ronald Taylor, Grenville F. Thomas, Raymond
Timmins, Alphonse Touzin, Norman Turcotte, Ray Turcotte, Yvon Vachon, Dean Zanchin, and Ministry of Labour, Responding Parties.
BEFORE: David Muir, Adjudicator/Referee.
DECISION: January 27, 2000
1This is an application for review of an Order to Pay dated July 27, 1994. All legal issues have been dealt with and the parties have had extensive discussions respecting the final disposition of this matter and the remitting to entitled employees of the wages found owing to them.
2The employer, the Ministry and the trade union representing the employees have agreed on the remaining issues.
3Having regard to the agreement of the parties, I make the following orders:
The assessment of outstanding wages found by the Employment Standards Officer in his October 24, 1995 Work Sheets is the appropriate one and the Order to Pay is amended accordingly.
The employer will issue cheques to individual employees, and the cheques will be mailed to addresses provided to the employer by the union. The employer and the union will prepare a joint letter to accompany each cheque. In the absence of current addresses, the employer will send cheques to the last known address on record with the employer.
The employer will pay to the Director of Employment Standards administration costs of $29,739.38 (twenty- nine thousand, seven hundred and thirty-nine dollars and thirty-eight cents), plus interest of 1.5% from the date of the Order until the date of payment.
4The employer will withhold the appropriate income tax and unemployment insurance, where applicable, from the cheques and will remit this amount to Revenue Canada.
5The employer agrees to calculate interest in accordance with pre-judgement interest set out in the Courts of Justice Act (not compounded).
6The Ministry of Labour will surrender the Letter of Credit to counsel for the employer forthwith.
"David Muir"
Adjudicator/Referee