David’s Country Dining & Gifts Inc. v. Patricia Battell, and Ministry of Labour
1971-00-ES David’s Country Dining & Gifts Inc., Applicant v. Patricia Battell, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 61004969
BEFORE: Anthony Brown, Vice-Chair.
APPEARANCES: no one appearing for the applicant, no one appearing for Patricia Battell; Joe Ferraro appearing for the Ministry of Labour.
DECISION OF THE BOARD; December 3, 2001
1This is an application pursuant to the Employment Standards Act for review of an Order to Pay (No. 58301) issued by an Employment Standards Officer on August 23, 2000.
2The application was scheduled to be heard on November 29, 2001 at 9:30 a.m., and the parties were so advised by the Registrar by letter dated October 23, 2001. The applicant failed to appear by 10:00.a.m. The applicant has the burden of proof in this matter. Having no evidence before it in support of the application, the Board dismissed the application by oral decision on November 29, 2001.
DISPOSITION:
3The Order to Pay is affirmed. The application for review is dismissed.
4The Director of Employment Standards is directed to pay out the money held in trust as follows:
To the claimant Patricia Battell $427.44
To the Government of Ontario Consolidated Revenue Fund $100.00
Interest on the money held in trust shall be paid to the above recipients pro rata.
“Anthony Brown”
for the Board