2943-99-ES 846045 Ontario Inc. operating as Condom Companion, Applicant v. Karen Reid, Dolores Dumontier, Investigating Officer and Ministry of Labour, Responding Parties.
BEFORE: John Morgan Lewis, Vice-Chair.
APPEARANCES: Elsie Hutsul for the applicant; no one appearing for the responding employee; Stephen Mason and Dolores Dumontier for the Ministry.
DECISION OF THE BOARD; August 16, 2000
This is an application to review Order to Pay No. 25071 issued by an Employment Standards Officer pursuant to section 68 of the Employment Standards Act, 1990 R.S.O. 1990, c. E.14, as amended.
The issue in dispute is whether the claimant was paid for the period from May 16, 1994 to May 31, 1994. During that period of time, the claimant alleged that she worked for 846045 Ontario Inc. operating as Condom Companion (“Companion”) for a total of 65 hours for which she was not paid. The Employment Standards Officer found in favour of the claimant and ordered Companion to pay the outstanding wages in the amount of $517.65.
Companion takes the position that the claimant’s last date of work was May 22, 1994; the date on which Companion ceased operations. Companion disputes that it owes the claimant any money for outstanding wages. The Board heard the testimony of Elsie Hutsul who is the owner of Companion. Ms. Hutsul presented a detailed account of the hours worked by the claimant and the corresponding payments made to her by Companion. The financial records provided by Ms. Hutsul confirm that the claimant was paid for all of the hours she worked for Companion.
Having considered the evidence, both viva voce and documentary, the Board finds in favour of Companion and allows its appeal of Order to Pay No. 25071. The Order to Pay is hereby rescinded. The Director shall return the monies held in trust, including the administrative fee, and any interest accrued, to Ms. Hutsul (as Companion is no longer active and it was Ms. Hutsul who paid the monies in trust) as soon as practical.
“John Morgan Lewis”
for the Board