0043-01-ES Weldon Park Academy, Applicant v. Melissa Lehman; Karl von Lewinski, Employment Standards Officer and Ministry of Labour, Responding Parties

BEFORE: Harry Freedman, Vice-Chair.

Employment Practices Branch File No. 63001805

DECISION OF THE BOARD; June 5, 2001

1This is an application for review under section 68 of the Employment Standards Act, R. S. O. 1990, c. E. 14 as amended (the “Act”) of Order to Pay No. 55305 issued by Employment Standards Officer Karl von Lewinski on February 1, 2001 (the “Order”). The applicant filed the application and made the requisite payment to the Director in Trust on April 3, 2001.

2The applicant, by letter to the Registrar dated May 14, 2001 advised that it “no longer wishes to appeal this matter.” The applicant goes on to indicate that it seeks the Registrar’s assistance in recovering an amount that had been removed from its bank account by reason of a third party demand. The third party demand was issued by a collection agency on behalf of the Ministry of Labour, apparently in respect of the Order.

3While the Board has sympathy for the plight of the applicant having paid the amount of the Order and then a month later having a further amount removed from its bank account by reason of that Order, the Board does not have the jurisdiction to direct the Ministry of Labour to return funds to the applicant that may have been improperly collected. That is a matter between the applicant and the Ministry of Labour.

4Having regard to the applicant’s advice to the Board that it no longer wishes to “appeal this matter”, the Board understands the applicant to mean that it wishes to withdraw this application.

Disposition

5This application is withdrawn at the request of the applicant.

“Harry Freedman”

for the Board