Assaad Al-Omairy v. Orange Julius (Dairy Queen) and/or Mainline Foods Limited and Ministry of Labour
Court File No.: 1374-00-ES / Employment Practices Branch File No. 30014147 Date: May 14, 2001 Ontario Labour Relations Board
Before: Stephen Raymond, Vice-Chair
Appearances: Asaad Al-Omairy appearing on his own behalf; no one appearing on behalf of the employer; Karima Chatur for the Ministry of Labour.
Decision of the Board
1The style of cause is hereby amended to include "Mainline Foods Limited".
2This is an application for a review of a decision by an Employment Standards Officer pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c.E-14 ("the Act"). The order appealed from is a decision of Employment Standards Officer, Gord Shaw, ordering the employer, Orange Julius (Dairy Queen) and/or Mainline Foods Limited, to pay Mr. Asaad Al-Omairy ("Mr. Al-Omairy") the amount of $4.49.
3Mr. Al-Omairy gave evidence that indicated that he began employment with the employer, Orange Julius on October 17, 1999. His employment continued until February 21, 2000. He earned $7.50 per hour.
4He claimed that, during his tenure of employment, he worked a total of 992 hours. He was only paid for 898.3 hours. Of the 93.7 unpaid hours, he claims that 84.7 should be paid at his regular rate and 9 hours at the overtime rate of time and a half. He received no termination pay.
5A hearing was held on May 9, 2001. No one appeared on behalf of the employer.
Decision
6Having regard to the uncontradicted evidence of Mr. Al-Omairy, I find that he is entitled to the following:
Unpaid hours – 84.7 hours at 7.50/hour $ 635.25
Overtime unpaid hours – 9 hours at $11.25/hour $ 101.25
Termination Pay – 44 hours at $7.50/hour $ 330.00
Subtotal $1,066.50
4% Vacation Pay on subtotal $ 42.66
Total $1,109.16
Disposition
7I order the employer to pay forthwith to the Director of Employment Standards, in trust, the amount of $1,109.16.
"Stephen Raymond"
for the Board