2529-99-ES The Source Shop, Applicant v. Kelly Kavanagh and Ministry of Labour, Responding Parties.
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; March 7, 2000
The Board is in receipt of correspondence dated March 2 and 3, 2000 from Kelly Kavanagh. Ms. Kavanagh states that she has been issued a T4 for 1999 by The Source Shop indicating that she was paid the amount of $3,173.84 which is the subject of the instant appeal. Ms. Kavanagh is justifiably upset with The Source Shop’s inexplicable conduct.
To the extent such might be helpful to Ms. Kavanagh in her dealings with Revenue Canada, the Board can confirm that an employment standards officer with the Ministry of Labour issued an order to pay against The Source Shop in Ms. Kavanagh’s favour in the amount of $3,562.37. The Source Shop has appealed the order to pay and has paid the money in question to the Director of Employment Standards in Trust. The employer takes the position that Ms. Kavanagh is not entitled to the monies in question. The money remains held in trust by the Director and has not been paid out to Ms. Kavanagh.
Ms. Kavanagh requests that the instant application be dismissed on the basis that The Source Shop must be taken to have conceded to the payment of the monies to her by virtue of the issuance of the T4. There is no apparent reason why The Source Shop issued a T4 to Ms. Kavanagh including the money in question. Doing so was clearly wrong and inappropriate if The Source Shop is maintaining its appeal. The Source Shop is directed to advise the Board no later than March 14, 2000 as to its intentions.
“D. L. Gee”
for the Board