2859-00-ES Brenda Allenger, Applicant v. A-1 Logo and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32006875
BEFORE: Stephen Raymond, Vice‑Chair.
APPEARANCES: Tracy Heffernan for the applicant; no one appearing for the employer; Karima Chatur for the Ministry of Labour.
DECISION OF THE BOARD; June 5, 2001
1This is an application brought by Ms. Brenda Allenger pursuant to section 67 of the Employment Standards Act, R.S.O. 1990, c.E-14, as amended (the “Act”) to object to an Order to Pay No. 57355 in the amount of $3,764.80.
2A hearing was held on May 23, 2001. It appeared from a review of the file that the employer had not received the Notice of Hearing. The employer had apparently participated in the fact-finding process of the Employment Standards Officer and the mediation efforts of the Ontario Labour Relations Board. The Board had taken measures prior to the commencement of the hearing to determine the legal address of the employer and the notice of hearing had been delivered to that address. The Board determined that it was appropriate to proceed with the hearing.
3It was learned only after the matter proceeded that the employer’s place of business had been seized by the sheriff. The Board was advised that the home address for the owner of the business is:
100 Spears Street Toronto, Ontario M6N 3X7
4Ms. Brenda Allenger advised that she had worked for A-1 Logo from May 3, 2000 to July 31, 2000. During that time she had earned $4,902.50 that she had not received. She advised that she had worked for a predecessor employer in the same premises since January 5, 1998. She indicated that she began to work for A-1 Logo when her previous employer’s premises had been seized by its landlord – A-1 Logo. She claimed termination pay in the amount of two weeks pay for a total of $750.00. As well, she claims vacation pay on the outstanding amounts owing and the termination pay in the total amount of $226.10. Her total claim is $5,481.86 less then amounts already ordered of $3,764.80
5During the course of the hearing, I was advised that Ms. Deborah Allenger who also brought a complaint against A-1 Logo did not dispute the amount that A-1 Logo was ordered to pay her in Order to Pay # 57355 but that she had not received any payment.
Disposition
6Accordingly, I order A-1 Logo to pay to the Director of Employment Standards, in trust by June 30, 2001 the following amounts:
(a) in respect of Ms. Brenda Allenger $ 5,481.86
(b) in respect of Ms. Deborah Allenger $ 1,624.59
7This Order is enforceable under section 73 of the Act and a failure to comply with an Order may lead to a prosecution pursuant to the Act.
8The applicant provided a new address for service at the hearing. I direct the Registrar to ensure that this decision is sent to her new address. As well, I direct the Registrar to send this decision to the home address of the owner of the employer as set out in paragraph 3 above.
“Stephen Raymond”
for the Board