Ontario Labour Relations Board
1815-98-ES Anka Brckovic, Applicant v. Dr. Lilly Tsambalieros and Ministry of Labour, Responding Parties
Employment Practices Branch File No. 43 000480
BEFORE: Bram Herlich, Vice-Chair.
DECISION OF THE BOARD; November 8, 2001
In a decision dated July 20, 2000, I found that the responding party employer had violated section 43(1) of the Employment Standards Act, (“the Act”) by not offering the applicant appropriate reinstatement to her former or to a comparable position upon the conclusion of her pregnancy leave. I also found that the employer violated section 44 of the Act by terminating the applicant’s employment because she had insisted on the reinstatement to which she was entitled.
In a subsequent decision dated March 30, 2001 I dealt with the remedial issues flowing from that breach. I indicated that in the absence of the parties’ ability to quantify the precise amount of total damages owing as a result of my award, I would, on written request to do so, issue a formal Order to Pay.
The applicant has now requested that Order to Pay be issued.
The applicant has not, however, made any submissions as to the quantum of that Order.
In the absence of any further written submissions from the parties within three weeks of the date of this decision, I will issue an Order to Pay in the amount set out in paragraph 33 of my decision dated March 30, 2001, i.e. $40,340.37.
“Bram Herlich”
for the Board