0079-00-ES Souham Ayoub and Suzanne Ayoub, in partnership, operating as The Total Look, Applicant v. Kerry Diguer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 23000885
BEFORE: Pamela A. Chapman, Vice-Chair.
APPEARANCES: Grainne McGrath for the Ministry of Labour.
DECISION OF THE BOARD; September 27, 2000
1This is an application for review of the decision of an Employment Standards Officer, pursuant to section 68 of the Employment Standards Act as amended by the Economic Development and Workplace Democracy Act, 1998, S.O. 1998, c.8 (“the ESA”).
2The responding party (“the employee”) filed a claim with the Ministry of Labour seeking the payment of one week’s termination pay by the applicant (“the employer”). The officer appointed to investigate the claim concluded, having regard to the information provided by the applicant and by the employer, that the employee was entitled to termination pay, and therefore issued Order to Pay No. 49744, dated February 23, 2000, requiring the employer to pay to the employee $243.86. The employer asks the Board to rescind the Order to Pay.
3At the hearing scheduled for September 15, 2000 no-one appeared on behalf of either the applicant or the employer. Two days before the hearing the Board received correspondence from the employee, indicating that she no longer wished to pursue her claim against the employer, and that the money paid into trust should be returned. This letter was not copied to the employer. On the day following the scheduled hearing, the employer contacted the office of the Registrar, and advised that it had not received notice of the hearing until that day.
4In these circumstances, I have concluded that the Order to Pay should be rescinded and the monies paid into trust returned to the employer. Counsel for the Ministry of Labour appeared before the Board on another matter on that date, and advised that the Ministry had no objection to the administration fee being returned to the employer as well.
DISPOSITION
5The Application for Review is allowed and the Order to Pay is rescinded. I hereby order:
(i) that the wages and the administrative fee paid to the “Director in trust” in relation to this matter be disbursed as follows:
To be paid to the Employer $ 343.86
To be paid to the Employee $ 0
To be retained by the $ 0
Government of Ontario
Consolidated Revenue Fund
Total amount held by the Director: $ 343.86
“Pamela A. Chapman”
for the Board