West Property Services v. Carol Vollmer and Ministry of Labour
3216-00-ES West Property Services, Applicant v. Carol Vollmer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 61005192
BEFORE: Timothy W. Sargeant, Vice-Chair.
APPEARANCES: David West for the applicant; no one appearing on behalf of the claimant; Karima Chatur for the Ministry of Labour.
DECISION OF THE BOARD; August 14, 2001
1This is an application by the employer West Property Services (the "applicant") under the Employment Standards Act for a review of an Employment Standards Officer's Order to Pay No. 58046.
2A hearing was held on August 2, 2001. No one appeared on behalf of Ms. Carol Vollmer, a responding party. The hearing was scheduled to commence at 9:30 a.m. There was no indication in the file that Ms. Vollmer's Notice of Hearing had been returned or that Ms. Vollmer had requested an adjournment. The hearing did not commence until 10:00 a.m. and still at that time Ms. Vollmer or a representative had not yet appeared.
3The applicant admitted that it owed Ms. Vollmer certain funds. At issue was whether the applicant owed Ms. Vollmer funds that had been granted by the Employment Standards Officer for training. The Employment Standards Officer had awarded two hours training at $10.75.
4Having reviewed the records and evidence presented by the applicant, and with counsel for the Ministry not objecting, I was satisfied that the Order to Pay should be varied and that the amount granted for training by the Employment Standards Officer should not have been granted.
5Consequently, with counsel for the Ministry raising no objection, I find that the amount owing Ms. Vollmer for wages is $147.27 plus vacation pay $5.99 for a total award of $153.16.
DISPOSITION
6Consequently, 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 $ 40.72
to be paid to the Employee $153.16
(ii) that the administrative fee as set out in the Order to Pay be retained by the Government of Ontario Consolidated Revenue Fund $100.00
(iii) total amount held by the Director $293.88
"Timothy W. Sargeant"
for the Board