3048-99-ES Equifax Canada Inc., Applicant v. Sandeep Bandhu, Anthony Pierre, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 34001943
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; April 13, 2000
- The Board, by decision in this matter dated March 20, 2000 issued an interim order by which the Director was to remit to the applicant the amount of the wages paid by the applicant to the Director in trust. The applicant had also sought the return of the administration costs it had paid under the Order to Pay. The Board stated in that March 20 decision:
If the applicant wishes to pursue its claim for the return of the administration costs it has paid to the Director by having the Board conduct a hearing to determine whether to allow its application in its entirety, it must advise the Board within 15 days of the date of this decision that it wishes to have this matter listed for hearing. If no request is received to list this application for a hearing within 15 days of the date of this decision, the parties will be deemed to have consented to the Board dismissing the application for review in respect of the administration costs paid by the applicant to the Director.
The applicant as of the date of this decision has not made a request to list this matter for hearing. The representative of the Ministry of Labour, by letter dated March 24, 2000 sent only to the Registrar (and who was directed by the Registrar to provide a copy of it to counsel for the applicant) stated that the Ministry has no objection “…if the applicant wishes to withdraw his application…assuming that the administration fee of $387.50 be retained by the Director.”
- As there has been no request to list this matter for hearing with respect to the only issue remaining outstanding, the parties are deemed to have consented to the Board dismissing this application for review in respect of the applicant’s request for the return of the administration costs. It also appears that the Ministry has no objection to the interim order made by the Board. Under these circumstances, the Board confirms its interim order and dismisses the application with respect to the administration costs.
Disposition
- The interim order issued by the Board on March 20, 2000 ordering the Director to remit to the applicant as soon as practicable the sum of $2,281.32 together with accrued interest is hereby confirmed. On consent of the parties, this application is dismissed with respect to the balance of the funds held by the Director in trust in this matter.
“Harry Freedman”
for the Board