0018-01-ES The Outsourcing Connection, The Creditrace Corporation, Applicant v. Karen Stevenson, and Ministry of Labour, Responding Parties.
3772-00-ES Karen Stevenson, Applicant v. The Outsourcing Connection, The Creditrace Connection, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 30-014778
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; October 16, 2001
The Board has received the submissions of the Ministry of Labour with respect to the amount of money actually held in trust in this matter. It is clear that the Board was operating on a misapprehension of this amount when it issued its August 29, 2001 decision. Accordingly, paragraph 11 of the decision is revoked and the following is substituted for it:
Partial Disposition
- For the reasons given above, I make the following declarations and orders:
(a) The Director of Employment Standards is directed to release from the monies held in trust the sum of $1,220.03 to Karen Stevenson and to pay the remaining $176.40 into the Consolidated Revenue Fund;
(b) Since I have found the Order to Pay was in fact less than the minimum amount of money owing to Karen Stevenson, the application in Board File No. 0018-01-ES is dismissed;
(c) The Employer is directed to pay to Karen Stevenson the sum of $240.40 less statutory deductions on the $240.40 only (since the statutory deductions in respect of the initial order of $1,764.00 were made at the time the monies were paid to the Director in trust);
(d) The Registrar is directed to set one day of hearing to deal with the issue of whether the Employer owes $384.62 (plus $15.38 vacation pay) as termination pay for having constructively dismissed Karen Stevenson without notice. [This date has been fixed as November 15, 2001.]
- I am seized of this matter.
“David A. McKee”
for the Board