Canadian Linen and Uniform Service Company Ltd. v. Dale Cowell et al.
3123-98-ES Canadian Linen and Uniform Service Company Ltd., Applicant v. Dale Cowell et al. and Ministry of Labour, Responding Parties.
3389-98-ES Richard Appleton, Applicant v. Canadian Linen Co. Ltd. and Ministry of Labour, Responding Parties.
3402-98-ES Brian Greene, Applicant v. Canadian Linen Co. Ltd. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32004267
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; May 5, 2000
1These are two employee appeals and an employer appeal with respect to an Order to Pay issued on October 30, 1998 in the amount of $612,501.46, and an administrative fee of $61,250.15. While it is an over simplification of the issues, essentially, the Employment Standards Officer found that Canadian Linen and Uniform Service Company Ltd. (“Canadian Linen”) did not keep accurate records of the hours its drivers worked. Moreover, the Officer concluded that Canadian Linen failed to compensate drivers for overtime worked; failed to give an eating period and failed to pay proper wages for hours worked on public holidays. The Officer made an assessment with respect to 109 employees or former employees, in varying amounts.
2Canadian Linen has sought review of the Order to Pay on a number of basis. Two employees have also sought review, submitting that they should have been awarded more.
3In a decision dated March 31, 2000, the Board directed the Ministry of Labour to provide Canadian Linen, the Board and the other parties with the information that formed the basis of its Order to Pay. The Ministry has complied, supplying a box full of hundreds of documents. Canadian Linen was also directed to detail its preliminary objections. It has also complied.
4Canadian Linen's preliminary objections raise issues about the timeliness of the orders and the conduct of the Ministry of Labour during its investigation. Canadian Linen has also, appropriately, indicated that once it has had an opportunity to review the voluminous documents disclosed by the Ministry, it may have further preliminary objections.
5While, of course, Canadian Linen's preliminary objections will have to be determined in a formal hearing process, that hearing will unfold more expeditiously if the Ministry of Labour has an opportunity to respond. The Ministry is hereby directed to deliver a response to the other parties and file it with the Board, no later than June 15, 2000. In turn, Canadian Linen shall have until July 14, 2000 to raise any further preliminary objections, and reply to the Ministry of Labour's response.
6This matter is scheduled for hearing on August 23 and 24, 2000, commencing at 9:30 a.m. each day at the Board's premises, 2nd Floor, 505 University Avenue, Toronto, Ontario (at St. Patrick subway station).
7All parties, including all claimants, are entitled to attend and participate in the matter. However, it is not necessary to attend simply to preserve your claim. These days will be spent hearing and determining preliminary issues. These determinations may well affect the outcome of the case, including the disposition of the Order to Pay in whole or in part. However, on these days, the Board will not be inquiring into the details of each of the calculations performed by the Officer. That exercise will happen in the future, unless Canadian Linen convinces the Board that the Order to Pay should be struck in whole or in part, on the basis of the preliminary issues it argues.
“Mary Ellen Cummings”
for the Board