Ontario Labour Relations Board
File No.: 3969-98-ES Date: January 21, 2000
Between: Chris Androutsos, Applicant v. John Stephanidis and Ministry of Labour, Responding Parties.
Before: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD
1On December 6, 1999, the Board issued a decision regarding the applicant’s application in respect of a review of an Employment Standards Officer’s (the “Officer”) Order to Pay holiday pay, premium (overtime) pay, vacation pay and termination to the responding party, John Stephanidis. However, the Board disallowed the portion of the Order to Pay which ordered that Mr. Stephanidis receive termination pay, and upheld the Order to Pay in all other respects.
2The Board is in receipt of correspondence from the applicant’s representative, dated December 20, 1999. The applicant’s representative requests that termination pay in respect of another employee, Ahmed Mubasher, allegedly paid by the applicant in trust in the amount of $167.00 with interest, be returned to the applicant. There is no record in Board File No. 3969-98-ES of any such payment having been made, or any Order to Pay in respect of Mr. Mubasher, although the Notice of Hearing issued on July 21, 1999 lists Mr. Mubasher as a responding party. The applicant made no submissions, nor did the Board make any findings or orders in respect of a further alleged Order to Pay which ordered the applicant to pay the other named responding party, Ahmed Mubasher, termination pay. Mr. Mubasher did not appear at the hearing of November 4, 1999. Accordingly, the style of cause of the decision did not refer to Mr. Mubasher.
3The only information in this file indicates that the applicant paid in trust to the “Minister of Labour” the amount of $3,316.68. In its decision of December 6, 1999, the Board referred to this amount as being attributable to the finding of the Officer in respect of monies owed to the responding party, John Stephanidis, plus the statutory administrative fee. The Board also found (and the parties agreed) that the calculation by the Officer of the amount of $3,316.68 was in error, and that the correct total amount of all monies ordered by the Officer in respect of Mr. Stephanidis was $3,522.20, plus an administrative fee of $352.22. As indicated above, the Board’s decision in this file resulted in partial success for the applicant. As a result of the Board’s order, the funds paid in trust were disbursed, and the applicant received a nominal refunded amount as part of that disbursement.
4In the circumstances, the Board declines the applicant’s request as set out in the correspondence of December 20, 1999. For one thing, the applicant neither presented evidence nor made any submissions regarding the issues related to Mr. Mubasher. In fact, the applicant ‘s information filed in support of its application makes no reference to any facts or issues concerning Mr. Mubasher. The applicant did not attempt to correct the Board’s clearly stated understanding at the outset of the hearing that the issues in dispute related solely to Mr. Stephanidis. Secondly, there do not appear to be any further funds available in respect of Board File No. 3969-98-ES to disburse.
5To the extent the applicant may have filed a separate request for review of an Order to Pay in respect of Mr. Mubasher, this decision is not intended to restrict the applicant’s pursuit of same.
DISPOSITION
6The request of counsel for the applicant is denied.
“Patrick Kelly”
for the Board