2034-99-ES Konstantinos Glambedakis, Applicant v. George Tolias Ltd. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 30013392
BEFORE: Caroline Rowan, Vice-Chair.
APPEARANCES: Konstantinos Glambedakis for the applicant; no one appearing for the responding employer; Laurie Eisenberg for the Ministry.
DECISION OF THE BOARD; June 23, 2000
This is an application for review under section 68 of the Employment Standards Act, R.S.O. 1990, c.E.14, as amended (the “ESA”) filed by Mr. Konstantinos Glambedakis (the “employee”) of the refusal of an Employment Standards Officer to issue an order to pay. The employee claims that he is owed outstanding wages, vacation pay and statutory holiday pay from his former employer, George Tolias Ltd. (the “employer”).
The hearing in this matter was scheduled for Friday, June 16, 2000, at 9:30 a.m. At that time, neither the employer nor a representative of the employer appeared at the hearing. The Board waited the normal 30 minutes and then convened at 10:00 a.m. to hear the employee’s request for an order to pay in the amount of $3,485.04, which he claims is owing to him. Counsel for the Ministry advised the Board that, following further review of the employee’s claim, the Ministry now agrees that the employee is, in fact, owed the amount of $3,485.04 representing outstanding wages, statutory holiday pay and vacation pay.
The Board heard evidence from the employee concerning the basis for his claim. His evidence is that between the period of March 26, 1999 and July 16, 1999, he worked a total of 515.5 hours. Under the terms of his contract of employment with the employer, he earned $21.00 per hour, but was to be paid $15.00 per hour directly by the employer as net earnings. According to the employee, he has received compensation calculated at a rate of $15.00 per hour for the 515.5 hours worked and for eight (8) hours on account of the Victoria Day statutory holiday in 1999. The employee testified that he understands that the employer has not, however, remitted the $6.00 differential, representing statutory and other required deductions, on his behalf as contemplated under his contract of employment. His claim is therefore for the $6.00 differential between the net amount already paid to him and the gross wages owing to him in respect of the 515.5 hours worked and the eight (8) hours on account of the Victoria Day statutory holiday in 1999. He also seeks payment of 4% vacation pay on these amounts, which he claims to have never received. His claim is therefore for a total of 558.5 hours at $6.00 an hour totaling $3351.00 plus 4% vacation pay on that amount. The total amount of vacation pay owing on that amount is therefore $134.04 for a total amount owing of $3,485.04.
DISPOSITION
- Having regard to the uncontradicted evidence of the employee, the Board finds that the employee is owed a total of $3,485.04 representing outstanding wages, statutory holiday pay, and vacation pay owing in respect of his employment with the employer. The Board therefore orders the responding party, George Tolias, Ltd., to pay forthwith to the applicant, Konstantinos Glambedakis, the sum of $3,485.04.
“Caroline Rowan”
for the Board