Ontario Labour Relations Board
1455-99-ES Mira Katz and Howard Cadesky, Applicants v. Cathy Hebert and Ministry of Labour, Responding Parties.
BEFORE: Bram Herlich, Vice-Chair.
APPEARANCES: Howard Cadesky, Mira Katz and Harriet Katz for the applicants; no one appearing on behalf of Cathy Hebert; L. Eisenberg for the Ministry of Labour.
DECISION OF THE BOARD; May 30, 2000
1This is an application to review Order to Pay No. 51420 issued by an Employment Standards Officer on July 9, 1999.
2The order arose out of the employment of Cathy Hebert who worked for the applicants for approximately seven weeks in September and October of 1998.
3Despite being notified of the hearing, Ms. Hebert, who resides outside the province, did not appear to participate in the hearing in this matter which proceeded in her absence.
4The officer’s order was premised on his finding that Ms. Hebert had worked from 52 to 61 hours per week during her seven weeks of employment.
5The applicants testified, however, that Ms. Hebert’s regular hours of work were approximately 5 hours per (week) day. They also acknowledged that Ms. Hebert performed some additional babysitting during some of those weeks.
6There are some apparent contradictions between the applicants’ version of events and that which emerges from a letter prepared by Ms. Hebert when she left her employment. I am unable, however, to attach much, if any, probative value to that letter as establishing the truth of its contents in view of the fact that Ms. Hebert was unavailable for cross-examination.
7In other words, the applicants’ evidence is, effectively, uncontradicted and I accept it.
8I am thus persuaded, on the basis of the applicants’ evidence, that Ms. Hebert worked a total of 187 hours during the period in question and was compensated at a rate which is permitted under the Employment Standards Act.
9It was not disputed, however, that Ms. Hebert was owed $65.87 in upaid vacation pay.
10Having regard to the foregoing the order of the Employment Standards Officer is hereby amended to reflect the amount to be paid by the applicants as $65.87.
11Accordingly, the Director is hereby ordered to pay out the monies currently being held in trust as follows:
$65.87 to Cathy Hebert; and
the balance to the applicants.
Accrued interest is to be paid in like proportions.
“Bram Herlich”
for the Board