2329-00-ES Stephen R. Kennedy, Applicant v. AMPM MFC. – Division of 109699 Ontario Inc. and Ministry of Labour, Responding Parties.

Employment Practices Branch File No. 41008984

BEFORE: Stephen Raymond, Vice-Chair.

APPEARANCES: Stephen R. Kennedy appearing on his own behalf; no one appearing on behalf of the employer; Karima Chatur for the Ministry of Labour.

DECISION OF THE BOARD; May 31, 2001

1This is an application by Mr. Stephen R. Kennedy ("Mr. Kennedy") 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 in the amount of $1,198.64.

2A hearing was held on May 23, 2001. Although the employer had been served with a notice of hearing, no one appeared on behalf of the employer.

3Mr. Kennedy worked for the employer from October 1994 until March 31, 2000. He claims that he did not receive vacation pay for the period of July 19 – July 25, 1999. He further claims that he did not receive any vacation pay for the calendar year 1998 which was, according to him, due and owing in August 1999. His gross salary was $800 per week.

4I find that Mr. Kennedy is entitled to the vacation pay that he claims.

Disposition

5I hereby amend the Order to Pay in the amount of $ 1,198.64 to add the amount of $2,400.00 for a total of $3,598.64. I order the employer to pay that amount to the Director of Employment Standards, in trust on or before June 30, 2001.

"Stephen Raymond"

for the Board