Midmagic Farm Ltd. v. Arden Teasdale and Ministry of Labour
File No.: 2882-00-ES Employment Practices Branch File No.: 22022808
Before: Pamela Chapman, Vice-Chair.
Appearances: No one appearing for the applicant; no one appearing for the employee; Karima Chatur for the Ministry of Labour.
Decision of the Board: November 28, 2001
Decision
1This is an application for review of the decision of an Employment Standards Officer, pursuant to section 68 of the Employment Standards Act as amended by the Economic Development and Workplace Democracy Act, 1998, S.O. 1998, c.8 ("the ESA").
2The responding party ("the employee") filed a claim with the Ministry of Labour, seeking the payment of vacation pay by the applicant ("the employer" or "Midmagic Farm Ltd."). The Officer appointed to investigate the claim concluded, having regard to the information provided by the parties, that the employee was owed vacation pay. She therefore issued Order to Pay #55719, dated November 15, 2000, requiring the employer to pay to the employee the amount of $248.80, plus statutory administration costs. The employer asks the Board to rescind the Order to Pay.
3A hearing was scheduled for November 19, 2001, and both parties were given written notice of the hearing and location. When the hearing was called neither party was in attendance. After waiting the customary half-hour, the Board convened the hearing and heard from counsel for the Ministry of Labour who was in attendance. As no evidence was brought forward to establish any basis for setting aside the Order to Pay, an order was issued upholding the Order and ordering the Director to release the funds held in trust.
Disposition
4The Application for Review is dismissed and the Order to Pay is upheld. I hereby order:
(i) that the wages paid to the "Director in trust" in relation to this matter be disbursed as follows:
To be paid to the Employer ∅
To be paid to the Employee $248.80
that the administrative fee as set out in the Order to Pay be retained by the Government of Ontario Consolidated Revenue Fund $100.00
Total amount held by the Director: $348.80
(ii) interest earned on the monies held in trust in this matter is to be paid to the above parties in proportion to the amounts paid out.
"Pamela Chapman"
for the Board