Ralph G. Tannis v. Ahmed “Rush” Rashid and Ministry of Labour
3854-00-ES Ralph G. Tannis, Applicant v. Ahmed “Rush” Rashid and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 20034356
BEFORE: Pamela A. Chapman, Vice-Chair.
APPEARANCES: Ralph Tannis on his own behalf; Ahmed Rashid on his won behalf; Karima Chatur on behalf of the Ministry of Labour.
DECISION OF THE BOARD; October 18, 2001
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 unpaid wages including overtime, vacation pay, and termination pay by his former employer, 1350991 Ontario Inc. operating as Fat Albert’s & Ralph’s (“Fat Albert’s”). The officer appointed to investigate the claim concluded, having regard to the information provided by the applicant and by the employer, that the employee was entitled to payment for wages, overtime pay, vacation pay, public holiday pay and termination pay. She therefore issued Order to Pay #44634, dated March 29, 2000, requiring the employer to pay to the employee $3,559.26. No appeal was launched against this Order.
3As of February 7, 2001 the Order to Pay remained unsatisfied, and accordingly the Ministry of Labour issued a Director Order to Pay, #D03336, against the applicant Ralph Tannis. This Order, which is the subject of the present appeal, was for the amount of $2,977.01 and included wages and vacation pay, but not termination pay.
4At the hearing held in this matter on October 15, 2001, the applicant and employee entered into settlement discussions and were able to reach an agreement concerning the disposition of the funds paid into trust. The Ministry of Labour was represented at the hearing and indicated its consent to the terms of the settlement.
DISPOSITION
5Having regard to the settlement reached by the parties 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 corporate director
Ralph Tannis $ 977.01
to be paid to the Employee $ 2,000.00
total amount held by the Director $ 2,977.01
ii) interest earned on the monies held in trust in this matter to be paid to the above parties in proportion to the amounts paid out.
“Pamela A. Chapman”
for the Board