1375-00-ES Academy of Learning - Oshawa, Applicant v. Pat Campbell and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 33001631
BEFORE: John Morgan Lewis, Vice‑Chair.
DECISION OF THE BOARD; October 30, 2000
This is an employer appeal file under section 68 of the Employment Standards Act, R.S.O. 1990, c.E-14, as amended (the “Act”). This matter was terminated by the Board in its decision dated August 30, 2000.
The applicant subsequently filed an application on September 8, 2000. In its decision dated October 10, 2000, the Board (differently constituted) indicated that the applicant had not provided any evidence and that the required payment had been made in trust to the Director of Employment Standards. The Board directed the applicant to provide the Board a receipt within ten days from the date of the decision that the required payment had been made within the forty-five day time limit.
The applicant made payment in the amount of $1,530.49 in trust to the Director of Employment Standards on October 20, 2000. The Order to Pay, however, was in the amount of $5,451.20. The applicant claims that it deducted the amount of $2,142.31 with respect to statutory deductions and a further $1,700.00 as a set-off with respect to computer equipment which the complainant allegedly received from the applicant and had not repaid or returned.
There is no right to set-off with respect to the amounts to be paid pursuant to an Order to Pay to the Director of Employment Standards. Accordingly, the applicant has failed to make the necessary payment to the Director of Employment Standards in accordance with section 68 of the Act. This matter is therefore terminated.
“John Morgan Lewis”
for the Board