Diana Aguilar et al v. Empire Maintenance and Ministry of Labour
2415-98-ES Diana Aguilar et al, Applicants v. Empire Maintenance and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32004427
BEFORE: Russell Goodfellow, Vice-Chair.
APPEARANCES: G. Watts and Fernando Reis for the applicants; no one appearing for the responding employer; Heidi Ann Lazar-Meyn for the Ministry.
DECISION OF THE BOARD; May 26, 2000
1This is an application for review of a decision by an Employment Standards Officer. The application concerns a refusal by the Officer to find termination pay owing to a number of employees formerly employed by Hallmark Housekeeping Services Inc. Only one of these employees, S. Cummins, was, ultimately, the subject of this application.
2Counsel for the Ministry of Labour and counsel for the employees’ former bargaining agent, the United Food and Commercial Workers, Local 175, attended at the hearing. No one appeared for Empire Maintenance.
3Based on the evidence called at the hearing, it would appear that S. Cummins’ employment was terminated when Hallmark lost its service contract to Empire Maintenance. However, unlike other employees, S. Cummins was not offered employment by Empire Maintenance, nor was notice of termination or pay in lieu thereof provided by Empire Maintenance. Accordingly, relying on section 13.1(4) of the Act, and having regard to the employee’s period of employment (less than one year), I hereby substitute my finding for that of the Officer and order Empire Maintenance to pay to S. Cummins $239.25 as pay in lieu of notice, forthwith.
“Russell Goodfellow”
for the Board