0763-01-ES Douglas Quirt, Applicant v. The King’s Health Centre Corporation, King’s Health Centre Ltd., Trina Abrams, Hanna Adler, Ivy Alajar et al (Employees), Lesia Fadalti (Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32007238
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; August 17, 2001
1The applicant is named as an employer in Order to Pay No. 57733 issued on May 2, 2001 (“the Order”).
2The applicant has sought review of the Order. Before the Board may consider a review of application, the applicant must make payment in trust to the Director of the Employment Standards Branch of the Ministry of Labour of the amount due or he must provide an irrevocable letter of credit acceptable to the Director.
3The amount payable under the Order is substantial, $1,477,025.12. The applicant had failed to pay that amount into the Director’s trust when the Board considered the matter and issued a decision on July 3, 2001. In that decision the Board said the following, at paragraph 7:
If the payment is not made or irrevocable letter of credit not provided and proof of payment or proof of provision of the irrevocable letter of credit acceptable to the Director is not filed with the Board on or before August 16, 2001, this application will be dismissed.
4Notwithstanding that direction, no payment has been made and no letter of credit has been arranged. As a consequence this application must be dismissed. This is a regrettable step because, purely on the face of the documents, which accompany the Order, it seems unlikely that the applicant is in fact an employer liable in respect of the Order.
5The application is dismissed.
“Christopher J. Albertyn”
for the Board