Ontario Labour Relations Board
3672-97-ES Madatally Ladak., Applicant v. TELPRO Communication Systems Ltd. and Ministry of Labour, Responding Parties.
BEFORE: Timothy W. Sargeant, Adjudicator/Referee.
APPEARANCES: Madatally Ladak for the applicant; no one appearing on behalf of the responding party; Frank Camilleri for the Ministry of Labour
DECISION; January 14, 2000
Decision
1This is an application pursuant to section 67 of the Employment Standards Act, (the “Act”).
2A hearing was held on January 11, 2000. No one appeared on behalf of the employer. The hearing was scheduled to commence at 9:30 a.m. but in fact did not commence until 11:00 a.m. Still no one appeared on behalf of the employer. On review of the file it was noted that attempts had been made to service the employer at its last known address according to filed corporate addresses obtained from corporate searches. The notices, however, were returned as “Address Unknown”. The Adjudicator/Referee was satisfied that reasonable efforts had been taken to serve the employer and in the circumstances was prepared to proceed to hearing.
3The only issue related to the calculation of the amount owing to the appellant. The Employment Standards officer had used for purposes of calculation the minimum wage of $6.85 and had determined there was an amount owed to the appellant in the final analysis of $231.32. This amount has never been paid by the employer.
4The Adjudicator/Referee was satisfied on the evidence given by Mr. Ladark that he had been paid a wage of $12.00 an hour during the relevant period. Counsel for the Ministry had no objection to this evidence.
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5The award of the Employment Standards Officer is amended as follows:
Wages: Number of hours worked
243 x $12.00 $2916.00
Paid by the employer $1500.00
Amount still owing $1416.00
Vacation Pay 4% of $2916.00 116.64
Amount owing by the employer $1532.64
6The employer is thus directed to pay the applicant $1532.64 forthwith.
‘Timothy W. Sargeant’
Adjudicator/Referee”
This decision is issued under the administrative auspices of the Ontario Labour Relations Board, 505 University Avenue, 2nd Floor, Toronto, Ontario, M5G 2P1