Ontario Labour Relations Board
1372-00-ES Maddalena Pasqualino, Applicant v. Independent Financial Concepts Group Ltd. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 30014078
BEFORE: Marilyn Silverman, Vice‑Chair.
DECISION OF THE BOARD; May 25, 2001
The Board is in receipt of a request from counsel for the responding party for particulars in the form of documentary evidence of the applicant’s mitigation efforts.
The issue in this case is whether the applicant was terminated contrary to sections 43 and 44 of the Employment Standards Act (‘the Act’) when she was terminated during her pregnancy/parental leave.
In the event that the applicant succeeds in her claim that a violation occurred, the issue of her monetary damages becomes relevant. A factor in the calculation of her damages, if any, is what she earned after her leave. In that regard, the responding party is entitled to the documents that its counsel requests.
The applicant is ordered to produce to counsel for the responding party the following documents by June 1, 2001:
Ms. Pasqualino’s complete income tax return for the year 2000;
any T4 slips that Ms. Pasqualino received from any employer for the year 2000;
copies of any payroll slips or pay stubs she received from any employer in 2000 or 2001; and
any contracts or employment she entered into with any employer in 2000 or 2001;
any documents evidencing any amounts Ms. Pasqualino received from self‑employment from the period following her termination until June 1, 2001.
Any argument as to the relevance of any document produced can be raised at the hearing.
“Marilyn Silverman”
for the Board