0745-00-ES CAPS (Complete Asset Protection Systems), Applicant v. Giovanni B. Carlos, Catherine Bates, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 34002469
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; September 20, 2000
1This is an application under section 68 of the Employment Standards Act, R. S. O. 1990, c. E. 14, as amended (the "Act") for review of Order to Pay No. 56666 issued by Employment Standards Officer Catherine Bates on May 25, 2000. The Order to Pay requires the applicant to pay a gross amount of $832.00 together with $100.00 in respect of statutory administration costs. The applicant filed its application for review on the correct form July 10, 2000 and had paid $660.00 to the Director in Trust in June 2000. The applicant deducted $272.00 from the total amount of the Order to Pay, apparently in respect of statutory deductions. The Order to Pay does contemplate that statutory deductions may be withheld from the gross amount of the order so that the net amount together with the statutory administration costs may be paid to the Director in trust in order to make an application for review.
2The Registrar, by letter to the applicant dated September 1, 2000 advised the applicant that the Board required a breakdown of the statutory deductions withheld in respect of each employee to whom the order to pay relates. The letter goes on to state:
Until the Breakdown of Statutory Deductions is provided the Application will be treated as incomplete and will not be processed further. The difference between the amount of the Order to Pay and the amount and the amount submitted to the Director must be accounted for.
There was some indication in the file that the applicant was advised by the Employment Standards Officer how much to pay the Director trust and that the applicant would send confirmation of that advice to the Board.
3The applicant, in response to the Registrar’s letter, sent the Board a copy of note it had received from the Employment Standards Officer advising it to send its application for review to the Board and a copy of the receipt for the payment of $660.00 it had made to the Director in trust. The applicant has not provided the breakdown of the statutory deductions nor was there anything in the note from the Employment Standards Officer indicating how much might be deducted.
4Section 68(7) of the Act requires that the amount required to be paid by an order to pay must be paid to the Director before an application for review is properly made. The applicant has paid the Director in Trust something less than the amount required by the Order to Pay. The applicant is therefore directed to either pay the additional $272.00 to the Director in Trust and provide proof of such payment to the Board on or before Tuesday, October 10, 2000 or provide the Board with a breakdown of the statutory deductions it made on or before Tuesday October 10, 2000. Should the applicant either fail to provide the Board with a breakdown of the statutory deductions it made or fail to pay the additional $272.00 to the Director in Trust and provide the Board with proof of payment by that date, this application will be dismissed by reason of the applicant’s failure to make the requisite payment pursuant to section 68(7) of the Act.
5This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board