Ontario Labour Relations Board
3358-99-ES 1222179 Ontario Inc., Applicant v. Correll Van Zant, Walid Otell and Tallon Wells, Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 20034123
BEFORE: Pamela A. Chapman, Vice-Chair.
APPEARANCES: No one appearing for the applicant employer; Walid Otell, Tallon Wells,
Correll Van Zant for the respondent employees; Grainne McGrath for the Ministry of Labour.
DECISION OF THE BOARD; September 29, 2000
This 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”).
The responding parties (“the employees”) filed a claim with the Ministry of Labour seeking the payment of unpaid wages and vacation 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 employees were entitled to the payment of wages and vacation pay, and therefore issued Order to Pay No. 58929, dated December 15, 1999, requiring the employer to pay to the employees a total of $2874.23, plus the administration fee required under the ESA. The employer asks the Board to rescind the Order to Pay.
At the hearing scheduled for September 14, 2000 no-one appeared on behalf of the employer. The Board waited the customary half hour, and then proceeded to dispose of the application.
Given the employer’s failure to attend or to call any evidence to establish a basis to set aside the Order to Pay, I am satisfied that the application for review should be dismissed.
DISPOSITION
- The Application for Review is dismissed and the Order to Pay is upheld. 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 $ 0
To be paid to the Employee $ 816.77
Walid Otell
To be paid to the Employee $1558.78
Tallon Wells
To be paid to the Employee $ 498.68
Correll Van Zant
To be retained by the $ 287.42
Government of Ontario
Consolidated Revenue Fund
Total amount held by the Director: $3161.65
(ii) interest earned on the monies held in trust in this matter is to be paid to the above parties in proportion to the amounts paid out.
“Pamela A. Chapman”
for the Board