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December 7, 1995

Robert Chisolm

590 High Street

North Bay, Ontario

PlB 6R6

Re:          Deans Professional Painting Inc.

File # 20031109

Dear Mr. Chisolm:

I have reviewed the documents provided by both yourself and the employer, and I have flow completed my investigation into your claim for unpaid wages, vacation pay and termination pay.

I have determined that under the Employment Standards Act, R.S.O. 1990, c. E-14, as amended, you are owed unpaid wages in an amount of $2,180.00, vacation pay in an amount of $302.85, and termination pay in an amount of $400.00, minus three partial payments totalling $545.00 collected from the employer, leaving a total amount of $2,337.85 still owed. A copy of my narrative report, which outlines the reasons for my decision, and worksheets detailing my calculation of the above amounts, are attached for your perusal.

I am also issuing an order to pay against the employer today. An order to pay is a legally enforceable document which incurs 10% or $100.00 in administrative costs, whichever is greater. The employer may appeal my decision on your claim within 15 days of receipt of the order to pay, in which case you will be informed of the hearing date upon which the case will be re-viewed. If the employer falls to voluntarily settle the claim and does not appeal the decision on this matter, the Ministry of Labour has the right to commence legal action against the employer. In such a case, you may have access to the Employee Wage Protection Fund for a payout of $2,337.85 (minus statutory deductions).

If my information is correct In that the above amount is still owed to you, and should you wish to access the Employee Wage Protection Fund, you must complete the attached certificate of claim and return it to me within 15 days from the date of this letter. If I do not bear from you before December 22, 1995, I will assume that you have no further interest in pursuing the matter and close our file on this claim. I look forward to your reply.

 

Respectfully,

Anne-Marie Macmillan

Employment Standards Officer

Employment Standards Program

Ontario Ministry of Labour --------------------------------------------------------Telephone: (613) 727-2845

1111 Prince of Wales Drive, Suite 200 -------------------------------------------Toll Free: 1-800-267-1916

Ottawa, Ontario K2C 3T2 -----------------------------------------------------------Facsimile: (613) 727-2900

 

 

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OFFICER'S NARRATIVE REPORT

 

Company::-------------Deans Professional Painting Inc.

Claimants::-------------Yvon Dagenais

----------------------------Carl Dillabough

----------------------------Robert Chisolm

File number::------------20031109---------------------------------------------Order to pay number::----------32227

Officer::------------------Anne-Marie Macmillan---------------------------Officer number::-----------------204

 

 YVON DAGENAIS:

 

 PREAMBLE:

The claimant worked for the employer as a partner and foreman from June 20, 1994 to February 2, 1995 at a rate or pay of $12.00 per hour.

 

ISSUE:

The Issue Is to determine whether or not the claimant Is entitled to unpaid wages, as required tinder section 7 of the Employment Standards Act, R.S.0 1990, c. E-14, as amended, and to 4% vacation pay, as required under section 30 of the Act.

 

EVIDENCE:

The claimant submitted the following documents in support, of his claim:

·         original N.S.F. cheque # 4791, dated November 11, 1994, In an amount of $430.00, from employer to claimant.

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·         original receipts (# 40172, dated December 9, 1994; # 40180, dated December 16, 1994; # 40195, dated December 22, 1994; and unnumbered receipt, dated January 20, 1995) each in an amount. of $250.00.

·         photocopy of claimant's T4 slip received from employer for the year 1994.

·         photocopy of balance sheets received from employer indicating amount owed to claimant.

·         completed claim sheet date stamped by Ministry of Labour on February 24, 1995.

 

CARL DILLABOUGH:

 

PREAMBLE:

The claimant worked for the employer as a painter from June 16, 1994 to July 28, 1994, at a rate of pay of $9.00 per hour.

  

ISSUE:

The issue is to determine whether or not the claimant is entitled to unpaid wages.

  

The claimant submitted the following documents in support of his claim:

·         claimant's original pay stub for weeks ending July 7, 1994 and July 14, 1994.

·         original N.S.F. cheque # 4304, in an amount, of $720.00, dated July 22, 1994, from employer to claimant.

·         photocopy of registered letter claimant, sent to employer on January 4, 1995.

·         photocopy of receipt, # 402003, dated January 6, 1995, in an amount of $100.00, from claimants to employer.

·         letter from claimant to Ministry of Labour dated February 5, 1995.

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ROBERT CHISOLM:

PREAMBLE:

The claimant worked for the employer as a painter from August 3. 1994 to December 2, 1994, at a rate of pay of $l0.00 per hour.

 

ISSUE

The Issue is to determine whether or not the claimant is entitled to unpaid wages, vacation pay, and termination pay (as required under section 57 of the Act).

 

EVIDENCE:

The claimant submitted the following documents in support of his claim: