Cara Operations Limited v. Sandra Quaresma and Ministry of Labour
File No.: 2699-00-ES Employment Practices Branch File No.: 34002565
Applicant: Cara Operations Limited Responding Parties: Sandra Quaresma and Ministry of Labour
Before: Mary Ellen Cummings, Alternate Chair.
Decision of the Board: April 27, 2001
DECISION
1This is a request for review of an Order to Pay. The workplace parties reached Minutes of Settlement dated April 4, 2001. It was agreed that of the $10,000 being held in trust, $4,000 would be returned to the employer and $6,000 would be paid out to the employee. The employer has indicated a desire to "appeal" the retention of the administrative fee by the Government. The employer's attention is directed to Rule 112 of the Board's Rules of Procedure:
- An applicant requesting an order from the Board that the administrative costs required by an order of an Employment Standards Officer be returned to the applicant must give the Director of Employment Standards notice of that request at least ten (10) days prior to the hearing of the application. Such notice must also be given at least ten (10) days prior to any settlement meeting convened by a labour relations officer of the Board.
2In the event that the employer wishes to have this matter listed for hearing on the issue of the administrative fee, it must advise the Registrar.
DISPOSITION
3The Director, Employment Standards is directed to pay to the employee $6,000 and return to the employer, $4,000 of the monies held in trust. This matter is adjourned sine die for a period not exceeding one year. Unless within that time either party requests that the Board proceed with the matter, it will be deemed terminated without any further notice to the parties.
"Mary Ellen Cummings"
for the Board