Monique Marchildon v. Jack Wizer’S Tap & Eatery and Ministry of Labour
Court File No.: 3042-00-ES Employment Practices Branch File No.: 61005213 Date: June 19, 2001 Before: Anthony Brown, Vice-Chair
1This is an application for review pursuant to the Employment Standards Act (the "Act") of a refusal by an Employment Standards Officer to order that the responding party pay termination pay to the applicant.
2The matter was heard on May 31, 2001. The responding party failed to appear although a notice of the hearing was sent to his address on record with the Board and the Ministry.
3The Employment Standards Officer ordered the responding party to pay to the applicant wages in the amount of $31.24 and vacation pay for the period from June 4, 1999 to February 24, 2000, in the amount of $208.07, for a total of $239.31. The officer did not order payment of termination pay.
4The applicant testified that she worked for the responding party as a waitress and bartender, from June 4, 1999 to February 24, 2000. Her gross weekly pay was $157.67, as indicated on pay-stubs filed with the Board. The last day that she actually worked was Monday, February 21, 2000. She was scheduled to work on the following Wednesday but on Monday she noticed her name was scratched off the work schedule. Having noticed this and having obtained no information from her employer about why her name was scratched off, she did not report for work on Wednesday. She denies that she quit her employment.
Decision
5The only evidence before the Board is that the applicant's employment was terminated by the employer without any notice or explanation. She denies that she quit her employment. In the absence of evidence to the contrary, her explanation of the events appears to the Board to be credible. Accordingly, the Board finds that the applicant was terminated without notice or pay in lieu, contrary to the Act. Based on her length of employment, she is entitled to one weeks' termination pay plus vacation pay thereon.
Disposition
6The responding party 1306926 Ontario Limited operating as Jack Wizer's Tap and Eatery is ordered to pay the sum of $163.97 representing termination pay ($157.67) and vacation pay thereon ($6.30) to the Director of Employment Standards in trust for Monique Marchildon.
7The Boards notes that there is already an Order to Pay (No. 61451) issued by an employment standards officer in respect of back wages and vacation pay, along with an administration fee. There is no need to reiterate that Order in this decision.
"Anthony Brown"
for the Board