2530-00-ES 1318431 Ontario Inc. o/a Ho Lee Chow, Applicant v. Eric Wolf et al and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41008441
BEFORE: Christopher J. Albertyn, Vice‑Chair.
DECISION OF THE BOARD; June 21, 2001
1This is an application pursuant to section 68 of the Employment Standards Act. An Order to Pay (No.55747 of October 4, 2000) was made in respect of six employees against the applicant employer. The employer make this application to appeal against that Order. Since then, three of the six employees have informed the Board they have no interest in receiving any money from the employer. The employer and two of the six employees have entered into Minutes of Settlement dated May 28, 2001. One employee, Keri Abbott, has not withdrawn her claim against the employer and is not a party to the Minutes of Settlement because it has not been possible to contact her. Having regard to the Minutes of Settlement, 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 Employer $290.30
to be paid to the Employee Eric Wolf $500.00
to be paid to the Employee Steven Brandt $100.00
(ii) that the administration fee as set
out in the Order to Pay be retained
by the Government of Ontario
Consolidated Revenue Fund $107.21
total amount held by the Director $997.51
(iii) the Employer may reclaim the $181.75 it remitted as statutory deductions for the claims in this matter.
2The Ministry of Labour, a responding party to the application but not a signatory to the Minutes of Settlement, and Ms. Keri Abbott shall have ten working days from the date of this decision to request, if necessary, that this matter be relisted for hearing.
DISPOSITION
3In the absence of a request described in paragraph 2, this matter shall be deemed to be terminated and the $31.46 payable to Ms. Keri Abbott in the Order to Pay will be set aside.
“Christopher J. Albertyn”
for the Board