0308-00-ES Dolfin.com Canada Inc., Applicant v. Gerald Diakow, Susan Gilbert and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 52006237
BEFORE: Bram Herlich, Vice‑Chair.
APPEARANCES: Hendrik Keesmaat, Jeff Eleveld and Mike Dubreuil appeared on behalf of the applicant; Gerald Diakow and Susan Gilbert appeared on their own behalf; Murray Klein appeared on behalf of the Ministry of Labour
DECISION OF THE BOARD; November 2, 2000
This is an application to review the Order to Pay issued by the Employment Standards Officer in this matter.
The principal issue to be decided is whether the applicant Dolfin.com Canada Inc. and Dolfin Developments Ltd. are related employers within the meaning of section 12 of the Employment Standards Act.
A hearing was held on October 25, 2000 at which time a number of authorities were filed. I have subsequently reviewed the decision of the Adjudicator/Referee in Algo Group Inc.
et al, (May 18, 1999), a decision which was not filed or referred to at the hearing before me.
The Registrar is directed to forward a copy of that decision to the parties along with this decision.
Should the parties, or any of them, wish to file any submissions in relation to the enclosed decision, they are hereby directed to so within three weeks of the date hereof.
“Bram Herlich”
for the Board