2330-00-ES Lifemax Natural Foods Distribution Inc., Applicant v. Swarnjeet Thakar and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 33001759
BEFORE: Caroline Rowan, Vice‑Chair.
APPEARANCES: Jagroop Sahota, Robert Sahota and George Millngton for the applicant; no one appearing for the employee; Karima Chatur for the Ministry of Labour.
DECISION OF THE BOARD; May 2, 2001
1This is an employer appeal from an Order to Pay in the amount of $3,873.60 with an administrative fee of $387.36.
2A hearing in this matter was scheduled for Wednesday, May 2, 2001 at 9:30 a.m. At that time no one appeared for the claimant, Swarnjeet Thakar, the responding party employee in this application. The Board waited the normal thirty minutes and then convened the hearing at 10:00 a.m. to hear the applicant’s request that the Order to Pay be varied. The Order to Pay relates to outstanding wages and vacation pay found to be owing to the claimant by the applicant in respect of work performed by the claimant between December 6, 1999 and January 26, 2000.
3The Board heard uncontradicted evidence from Jagroop Sahota regarding the hours worked by the claimant in the period between December 6, 1999 and January 26, 2000. She testified that the claimant worked a total of 113 hours during that period and was to be compensated at a rate of $10.00 an hour. Ms. Sahota concedes that the claimant has not yet been paid for those hours of work and therefore concedes that the applicant owes the claimant a total of $1,130.00 plus four percent vacation pay thereon for the period in question.
4Having regard to the uncontradicted evidence of the applicant, the application is allowed in part. The Board amends the Order to Pay as follows:
To the claimant, Swarnjeet Thakar, $1,175.20 (plus interest thereon)
To be retained by the Government of Ontario
Consoidated Revenue Fund $117.52
Total $1,292.72
5The balance of the monies held in trust in the amount of $2,968.24 (plus interest thereon) is to be returned to the applicant, Lifemax Natural Foods Distribution Inc.
“Caroline Rowan”
for the Board