1784-98-ES Promo Inc., Applicant v. Kim Lalonde, Shelly Longbutton-Patrie and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 10002748
BEFORE: Stephen Raymond, Vice‑Chair.
APPEARANCES: Pauline Wiens and Cynthia Poulton appeared on behalf of the applicant; no one appeared on behalf of the individual responding parties; Stephen Mason appeared on behalf of the Ministry of Labour.
DECISION OF THE BOARD; August 22, 2000
1This is an employer appeal under section 68 of the Employment Standards Act (“the Act”) of an Order to Pay #48163 in the amount of $737.56 ($637.56 plus $100.00 administrative fee) in respect of Kim Lalonde (“Lalonde”) and Shelly Longbottom-Patrie (“Longbottom-Patrie). The Order to Pay was in respect of both individuals for outstanding vacation pay and termination pay.
2The individual responding parties did not appear at the hearing.
3The employer, Promo Inc. (“Promo”) led evidence that Lalonde and Longbottom-Patrie were casual employees.
4The Ministry of Labour noted that pursuant to section 2(f) of Regulation 327 to the Act that casual employees are not entitled to termination pay if “employed under an arrangement whereby the person may elect to work or not for a temporary period when requested to do so”. Lalonde and Longbottom-Patrie were employed in a manner that was consistent with the intent of this Regulation and therefore they were not entitled to any termination pay. The employer did not dispute their entitlement to vacation pay.
DISPOSITION
5Accordingly, I order as follows:
(i) that the wages paid to the "Director in trust" in relation to this matter be disbursed as follows:
to Ms. Lalonde $ 89.40
to Ms. Longbutton-Patrie $108.48
to Promo Inc. $439.68
(ii) that the administration fee
as set out in the Order to
Pay be retained by the
Government of Ontario
Consolidated Revenue Fund $100.00
total amount held by the
Director $737.56
“Stephen Raymond”
for the Board