Azurix North America v. Michael McCallum and Ministry of Labour
0318-01-ES Azurix North America, Applicant v. Michael McCallum and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 52006850
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; June 18, 2001
1This is an employer appeal filed under the Employment Standards Act (the "Act") for review of an Order to Pay issued by an Employment Standards Officer.
2The Order to Pay was in the gross amount of $10,000.00. The Order to Pay contains a portion that is to be completed by the employer to reflect the statutory deductions that reduce the gross amount. The net amount then submitted to the Director in Trust is also provided in the Order to Pay. The purpose of this is to account for the difference between the amount of the Order to Pay and the amount submitted to the Director. In this case, that amount on the Order to Pay for statutory deductions has been completed as $5695.26.
3By letter dated May 23, 2001, the Registrar requested a Breakdown of Statutory Deductions. The applicant provided same by letter dated June 4, 2001. In this breakdown, the total amount of deduction is $4695.24; which amount includes deduction for Canada Pension Plan, Employment Insurance and income tax. The total amount deducted for statutory deduction by the applicant is either approximately 47% or 57% of the gross amount of the Order to Pay. From the information provided by the applicant, the employee earned $50,000 per annum. On this income, the statutory deductions appear to be remarkably high.
4The employer is directed to explain what appears to be an excessive deduction. The explanation must be received by the Board within (ten) 10 days of the date of this decision. The application will not be processed until the Board has considered the explanation.
5I remain seized to deal with this aspect of the matter.
"Marilyn Silverman"
for the Board