Ontario Labour Relations Board
0139-98-ES George Kurchak a director of Amcan Furniture, Applicant v. Ministry of Labour, Responding Party.
0525-98-ES David Navy a director of Amcan Furniture, Applicant v. Ministry of Labour, Responding Party.
BEFORE: M. A. Nairn, Adjudicator/Referee.
APPEARANCES: David Navy and George Kurchak on their own behalf; Murray Klein on behalf of the Ministry of Labour; no one appearing on behalf of employee claimants.
DECISION OF THE BOARD; May 24, 2000
1These two director’s liability appeals under the Employment Standards Act (the “ESA”) came on for hearing on Wednesday, May 24, 2000. In attendance were the two directors, Mr. Kurchak and Mr. Navy, Mr. John Delo of Paddon & Yorke Inc., Trustee in Bankruptcy, and counsel for the Ministry. No one appeared on behalf of the employee claimants notwithstanding notice of the proceedings.
2The Orders to Pay under appeal are for $5935.52 each, representing joint and several liabilities on the part of the directors. The Ministry has dispensed EWPP (Employee Wage Protection Plan) compensation in the amount of $4000.00 in respect of the claimants and is subrogated accordingly.
3The two named applicants, Mr. Navy and Mr. Kurchak, have each satisfied the Ministry that in view of their financial circumstances and their health situations, it would not be in the overall public interest to pursue the orders against them. The Ministry is content to withdraw the orders.
4In addition I note that the Order to Pay against Barbara Groscki (#D03962) was rescinded by the Ministry Officer and confirmed in a letter dated April 3, 1998 on file with the Board in these proceedings. Any matter in relation to that Order was resolved by that letter, notwithstanding the fact that Barbara Groscki has continued to receive notice of these appeals.
5Having regard to all of the above, these proceedings are hereby terminated.
“M. A. Nairn”
Adjudicator/Referee