Ontario Labour Relations Board
File No.: 2531-00-ES Employment Practices Branch File No.: 42003480
Between: 1340423 Ontario Limited o/a Cars For Less - Stayner, Applicant v. Ian McDonald and Ministry of Labour, Responding Parties.
Before: Brian McLean, Vice-Chair.
Decision of the Board; August 3, 2001
Decision
1This is a request for reconsideration of the Board’s decision dated May 28, 2001.
2The Ministry requests reconsideration because there was an error in the amounts ordered to be paid in the decision.
3The Board agrees that there was an error and amends its decision accordingly. The Order to Pay ought to have been as follows:
$361.01 for vacation pay
$300.00 for set off
$275.34 for minimum wage and overtime pay
$936.35
4However, these above amounts are all gross amounts and the monies held in trust are net amounts. It is impossible for the Board to calculate the net amounts owing to the employee with the information currently before the Board.
5Accordingly, the employer is directed to provide to the Board information as to the net amounts owing. That information is to be provided within three (3) weeks of the date of this decision. Mr. McDonald and the Ministry shall have two (2) weeks from the date they receive the employer’s information to advise the Board whether they agree with the employer’s calculation.
“Brian McLean”
for the Board