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| David Lazowski says the Ministry of Labour is flexing its muscles and treating him like a criminal after he initially refused to pay an ex-employee $200 in what the ministry determined was outstanding vacation pay. |
Labour ministry puts squeeze on small business wronged by fired worker: Small-business man David Lazowski says the Ontario Labour Ministry continues to make him feel like “a criminal” in a case that involves a former employee who, without permission, took a company truck home on a July 2011 weekend and collided with another car in an LCBO parking lot the next day. The trouble with the ministry started after Pierre Charron, who was fired over the truck incident, filed a claim for $1565.29 in unpaid wages and vacation. The ministry determined that he was only owed $191. Lazowski says his accountant’s records show he doesn’t owe Charron anything. In fact, says Lazowski, the records show Charron actually received more money than he deserved when he was fired, and he received five paid vacation days during his 10 weeks as an employee.
Charron, who could not be reached for comment, tried to cover up his role in the crash by switching licence plates with another truck belonging to Window Butler, Lazowski’s window-washing firm. Lazowski says police determined the switch after they matched the trucks’ vehicle identification numbers to the plates. Police also had video evidence from LCBO cameras. Charron was charged and convicted of failing to remain at the scene of an accident and sentenced to 45 days in jail. What has Lazowski fuming is the ministry’s recent decision to audit the company’s payroll books, under the Employment Standards Act, to determine whether Lazowski’s 10 employees are being compensated according to their contracts.
Charron, who could not be reached for comment, tried to cover up his role in the crash by switching licence plates with another truck belonging to Window Butler, Lazowski’s window-washing firm. Lazowski says police determined the switch after they matched the trucks’ vehicle identification numbers to the plates. Police also had video evidence from LCBO cameras. Charron was charged and convicted of failing to remain at the scene of an accident and sentenced to 45 days in jail. What has Lazowski fuming is the ministry’s recent decision to audit the company’s payroll books, under the Employment Standards Act, to determine whether Lazowski’s 10 employees are being compensated according to their contracts.
Though Lazowski begrudgingly paid the $191, plus a $100 administration fee, after the payroll audit began this month, he can’t believe the ministry is flexing it muscles with a small businessman who has done nothing wrong. He says he is proud of his company and the way he treats the employees. He says he gives them eight to 12 weeks of paid vacation time in the winter so they don’t have to rely on employment insurance when they can’t work due to the weather. Lazowski says he suspects the ministry is auditing his payroll as punishment for disputing the vacation pay issue. But labour ministry spokesman Matt Blajer says such audits are automatically triggered if an investigation into a claim determines money is owed. That seems a bit harsh as the ministry determined that Window Butler only owed a small fraction of what Charron claimed.
Charron, dismissed on Aug. 6, 2011, complained to Window Butler last September that the company still owed him the unpaid wages and vacation. The company’s accountant determined it didn’t. So Charron filed a complaint with the labour ministry, claiming Window Butler owed him $1,289.60 in wages and another $275.69 in vacation pay. Lazowski had the paperwork to prove the wages claim was baloney. But documents for the vacation money were not conclusive, leading the ministry to decide last June that Lazowski owed the $191. He says there was never any mention of an audit until he was advised by the ministry in a letter dated Aug. 29.
Lazowski says ministry investigator Gaye Cotter clearly implied at their first meeting on Sept. 11 that the lingering dispute over the money prompted the ministry to launch the probe. He says when he told her it was unfair of the government to be going after him considering what Charron had done, she responded: “‘We don’t care about what’s fair.’” He says she explained the ministry wants closure when decisions are made so that staff can move on to other matters. Lazowski says he responded: “The woman working on my case made it sound like the next person up the line (in the ministry) had big teeth and breathed fire.” To which, says Lazowski, Cotter replied: “‘That’s her job, to make sure there is no escalation.’”
He says when he told her the ministry “made me feel as though I’d rather not be in business, she slammed her metal clipboard on the table, yelling: “‘That’s enough.’” He complained about Cotter’s behaviour to Sandra Lawson, the ministry’s Ottawa director. Lawson confirmed the ministry was looking into the complaint, and on Sept. 14, when the audit resumed, John Hutton, a district manager, accompanied Cotter. Hutton was conciliatory, says Lazowski, but he did not apologize for his colleague’s behaviour on Sept. 11. Cotter did not return my phone call.
Lazowski promised to send the money but then reneged, because, he says, Charron had taken advantage of him by taking the truck without permission and then not owning up. Here was the bad guy, who ended up in jail, says Lazowski, and then turned to the government to see if he could squeeze more out of him. Lazowski says he was warned he would face additional penalties if he didn’t pay up. He could have appealed, but would still have had to give the vacation money to the ministry, which would have been held in trust.
Though Lazowski says Charron “worked well through the first 10 days of his employment” and even received some bonus money, his performance “slipped rapidly from there.” Lazowski says his dealings with the ministry had him peeved from the start. When he was notified last March about Charron’s claims, he says he was given three choices: Pay the entire claim, try to get Charron to agree to a lesser amount, or dispute it. It was the latter option that upset him most. The ministry’s letter said if he was going to dispute the claim, he had to “provide compelling evidence” that Charron was wrong. Charron, meanwhile, only had to say on his claim what he believed he was owed. Says Lazowski: “As an employer, you are assumed to be the criminal unless you can prove otherwise.”
Charron, dismissed on Aug. 6, 2011, complained to Window Butler last September that the company still owed him the unpaid wages and vacation. The company’s accountant determined it didn’t. So Charron filed a complaint with the labour ministry, claiming Window Butler owed him $1,289.60 in wages and another $275.69 in vacation pay. Lazowski had the paperwork to prove the wages claim was baloney. But documents for the vacation money were not conclusive, leading the ministry to decide last June that Lazowski owed the $191. He says there was never any mention of an audit until he was advised by the ministry in a letter dated Aug. 29.
Lazowski says ministry investigator Gaye Cotter clearly implied at their first meeting on Sept. 11 that the lingering dispute over the money prompted the ministry to launch the probe. He says when he told her it was unfair of the government to be going after him considering what Charron had done, she responded: “‘We don’t care about what’s fair.’” He says she explained the ministry wants closure when decisions are made so that staff can move on to other matters. Lazowski says he responded: “The woman working on my case made it sound like the next person up the line (in the ministry) had big teeth and breathed fire.” To which, says Lazowski, Cotter replied: “‘That’s her job, to make sure there is no escalation.’”
He says when he told her the ministry “made me feel as though I’d rather not be in business, she slammed her metal clipboard on the table, yelling: “‘That’s enough.’” He complained about Cotter’s behaviour to Sandra Lawson, the ministry’s Ottawa director. Lawson confirmed the ministry was looking into the complaint, and on Sept. 14, when the audit resumed, John Hutton, a district manager, accompanied Cotter. Hutton was conciliatory, says Lazowski, but he did not apologize for his colleague’s behaviour on Sept. 11. Cotter did not return my phone call.
Lazowski promised to send the money but then reneged, because, he says, Charron had taken advantage of him by taking the truck without permission and then not owning up. Here was the bad guy, who ended up in jail, says Lazowski, and then turned to the government to see if he could squeeze more out of him. Lazowski says he was warned he would face additional penalties if he didn’t pay up. He could have appealed, but would still have had to give the vacation money to the ministry, which would have been held in trust.
Though Lazowski says Charron “worked well through the first 10 days of his employment” and even received some bonus money, his performance “slipped rapidly from there.” Lazowski says his dealings with the ministry had him peeved from the start. When he was notified last March about Charron’s claims, he says he was given three choices: Pay the entire claim, try to get Charron to agree to a lesser amount, or dispute it. It was the latter option that upset him most. The ministry’s letter said if he was going to dispute the claim, he had to “provide compelling evidence” that Charron was wrong. Charron, meanwhile, only had to say on his claim what he believed he was owed. Says Lazowski: “As an employer, you are assumed to be the criminal unless you can prove otherwise.”
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