3459-99-ES Zhenhua Zhao, Applicant v. Proplus Personnel Services and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 30 013630
BEFORE: Marilyn Silverman, Vice‑Chair.
APPEARANACES: Zhenhua Zhao, the applicant; Alicia Gordon-Fagan for the Ministry of Labour; no one appearing for the responding party employer.
DECISION OF THE BOARD; May 11, 2001
1This is an employee appeal of a decision of an employment standards officer dated January 14, 2000.
2At the time and date scheduled for hearing no one appeared for the responding party employer. The Board waited the usual half (½) hour and proceeded in the absence of the employer.
3The applicant, Mr. Zhao gave sworn evidence. There was an initial issue of notice of hearing as Mr. Zhao had not appeared on the first day scheduled for hearing in August 2000 as he said he did not receive notice. On the basis of that uncontradicted evidence, I find that he did not receive notice of that hearing and was entitled to proceed.
4Mr. Zhao says that he worked for one day on July 25, 2001 for which he was not paid. On the basis of his hourly rate of $7.65 per hour he is entitled to $63.65 inclusive of vacation pay. He also testified that a travel deduction was made in the amount of $40.00 which deduction should have been paid to him.
5Having regard to Mr. Zhao’s evidence I find that he was owed the amounts he claims by the responding party.
DISPOSITION
6I hereby order the responding party to pay to the applicant the amount of $103.65 forthwith.
“Marilyn Silverman”
for the Board