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The Hon.Carolyn Bolivar-Getson, MLA
Constituency of Lunenburg West
Currently Minister of Human Resources
Minister of
Environment & Labour
Minister responsible for Part II of the Gaming Control Act
Minister responsible for the Workers' Compensation Act (except Part II)
Minister responsible for the Utility and Review Board Act
Events affecting Spotless since the appointment of
Mrs. Bolivar-Getson (2006)
Carolyn Bolivar-Getson, as Minister of Environment and Labour
in 2006,
was ultimately responsible for the policies and procedures that led
people in her department (Bill Grant) to issue the
execution
orders which succeeded in freezing all of our accounts in Nova
Scotia. (Spotless
comment: The minister and MLA for Lunenburg West was fully aware of the
Execution Orders.)
The emails copied below were the end results of countless
emails from the Department of Labour. There were many emails and
complaints, all of which where handled by Bill Grant, Labour Standards
Officer. Grant, ultimately ruled
in favour of the employee's each and every time, in spite of the
overwhelming evidence to the contrary.
(Spotless comment: Bill Grant got involved with Spotless beginning in
late November 2005, dealing with dissatisfied terminated employees.)
He would not listen to reason or
reasonability. The first email in the series below was written March 28,
2006. It was sent to the Labour Board's Complaints Department, as well
as to the opposition parties. Obviously, it went around a full circle and
in the end no one took responsibility nor offered any help.
This was one of the deciding
factors which led us to work for the NDP in the
2006 election, in the
hope that they would give us a fair hearing.
>>> Spotless Cleaning & Maintenance <spotless@eastlink.ca>
03/28/06
9:11 PM >>>
I am enquiring as to
who do I make a complaint against the Department of Labour to?
More specifically, I recently have a Labour Officer(Bill Grant),
who is being totally impartial to me (The Employer) on employee
complaints of lost wages. I am getting execution orders on
unfounded wages owing, Garnish orders against every bank this
side of Halifax, and absolutely no rights as an employer. Does
an employer have any rights? As an Employer in Bridgewater, Nova
Scotia, We seem to be on the losing side of every complaint. Why
is the mandate of the Department of Labour, to destroy us small
business owners? I am frustrated and at whits end. Does anyone
actually listen to the small business owner anymore?
Jeffrey Fraser
Operations Manager
Spotless Cleaning & Maintenance
P.O. Box 13, Stn Main
Bridgewater, NS
B4V 2W6
(902)521-4826 |
We emailed the two opposition parties, this is the
reply we received from the NDP:
From: David MacKenzie [MACKENDH@gov.ns.ca]
Sent: Monday, April 03, 2006 12:20 PM
To: spotless@eastlink.ca
Subject: Labour Board Complaint Policy
Dear Mr. Fraser,
Thank you for writing Darrell Dexter and the NDP Caucus. I am a
researcher for the NDP Caucus and have been asked to reply to
your question.
The complaints raised in your letter regarding the Department of
Labour are best directed to the Minister of Environment and
Labour Phone:
902-424-6647 or bolivargetson@eastlink.ca . If you are in need
of further assistance please feel free to contact me.
Thank you,
Dave
David MacKenzie
Researcher
NDP Caucus
902-424-2189 1-888-247-0448
cell: 902-401-0631 mackendh@gov.ns.ca |
From: Mary A Belliveau [BELLIVMA@gov.ns.ca]
Sent: Thursday, March 30, 2006 9:34 AM
To: spotless@eastlink.ca
Cc: Hon. Carolyn Bolivar-Getson; Sarah J DeBaie; William A
Grant;
William GR Lahey
Subject: Re: Fwd: Labour Board Complaint Policy
Dear Mr. Fraser:
I received the e-mail you sent to officials in our department
and others, asking for clarification about actions taken by the
Labour Standards Division in dealing with complaints by
employees against your business. I would like to take this
opportunity to respond to your concerns.
First, when investigating complaints, officers are required to
deal objectively with all parties to the dispute and to give
both employers and employees ample opportunity to provide
evidence to support their respective positions. I have discussed
your matters with Bill Grant and Sarah DeBaie, the two officers
involved in dealing with the 7 complaints we received concerning
your business over the past several months. I am
confident that decisions rendered were consistent with our
established practices and the requirements of the legislation.
I note that you chose not to appeal Orders of the Director to
pay funds deemed owing to employees. The appeal process is an
option of natural justice offered to parties who may believe
that their evidence was not
adequately reviewed or that the decision of the officer was not
appropriate. Orders of the Director and Orders of the Labour
Standards Tribunal that have not been appealed are treated the
same as orders of the court. Therefore, when monies ordered are
not voluntary provided by employers, the Labour Standards Code
clearly authorizes officers to use Third Party Orders as a means
to collect the monies owed to employees.
In fact, officers have a responsibility to recover monies owed
to employees and must use the tools available to them to do so.
Some of the money we most recently sought by Third Party Order
was for 2 complaints that are under investigation. If we collect
money, that portion will be held in trust until final decisions
are made. As with any Order of the Director, you will have an
opportunity to appeal those decisions if you wish.
If at any time you would like to satisfy the outstanding orders
issued against your business, Bill Grant would be pleased to
discuss payment with you. Please do not hesitate to contact him.
Regards,
Mary Belliveau
Director Labour Standards
Department Environment and Labour
5151 Terminal Road
PO Box 697, Halifax NS B3J 2T8
Tel: 902-424-5404
Fax: 902-424-0648
e-mail: bellivma@gov.ns.ca |
These last emails are the most interesting ones.
I wrote this email to Bill Grant after receiving the
execution orders to the banks. The Execution order that was sent
against our company was for $2380.71. It was followed the next morning,
after I emailed a complaint to his Department, by
the emails below. What was most interesting was the email that stated,
"We have not awarded anything to Ms. xx and
Ms. xx at this point".
However, The Judgement sent
out the day before to the banks contradicts that email.
>>> Spotless Cleaning & Maintenance <spotless@eastlink.ca>
03/28/06 8:32 PM >>>
Mr Grant
I just have to ask. Who or where are you coming up with these
figures that we owe you over $2300 ? I would appreciate some
evidence of these accusations. I am aware of about $1200 owing,
but I got an order today, which you send to every bank this side
of Halifax, but it doesn't say where this figure comes from.
Jeff |
.
-----Original Message-----
From: William A Grant [mailto:GRANTWA@gov.ns.ca]
Sent: Wednesday, March 29, 2006 9:38 AM
To: Spotless Cleaning & Maintenance
Cc: Sarah J DeBaie
Subject: RE: Karen Veinotte
Dear Mr. Fraser:
I am responding to your two recent emails.
Summary of open complaints against Spotless
1. xx - $660.26 wages and vacation
pay - ordered February 15, 2006 - no appeal.
2.xx - $691.71 wages and vacation
pay - ordered March 9, 2006 - no appeal.
3. xx - reason to believe that
$514.42 in wages, vacation pay and pay in lieu of notice is
owing.
4. xx reason to believe that $514.42
in wages, vacation pay and pay in lieu of notice is owing.
TOTAL: $2,380.81
On March 17, 2006 you informed Sarah DeBaie and I that Spotless
had closed on March 1, 2006 and that you had filed for
bankruptcy protection. You did not respond to requests from us
for the name of the trustee. We advised you that we would
proceed with collection unless you provided this. Based on this,
I issued the Third Party orders.
We have the authority to collect by Third Party order where we
know or have reason to believe that money is owing to employees.
The amounts owing for xxx and
xxx are legally binding debts. If we
receive payment as a result of the orders, the amounts claimed
for the xxxx and
xxx complaints will be held in trust
until a final determination is made.
We will continue to handle complaints impartially. I advise you
to keep clear payroll records, as required by the Labour
Standards Code, and to provide them to us when requested.
If you have further questions, please let me know.
Bill Grant
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From: William A Grant [GRANTWA@gov.ns.ca]
Sent: Thursday, March 30, 2006 9:37 AM
To: Spotless Cleaning & Maintenance
Subject: RE: Karen Veinotte
Dear Mr. Fraser:
We have not awarded anything to Ms.
xxxxxx
and Ms. xxxxxx
at this point.
Both claim that they did not receive their final pay, except for
$100 in cash, and claim $289.00 in wages and vacation pay. Both
claim that they were terminated without proper notice and
without just cause and claim one week's pay in lieu of notice -
25.5 hours x $8.50 per hour = 216.75 plus vacation pay of $8.87
on that. So that gives a total of $514.42.
I am now investigating these complaints. PLease provide me with
all payroll records, showing wages and vacation pay earned and
paid, for their employment from January 1, 2005 to the end of
their employment on or about January 15, 2006.
Alternatively, if you have a proposal to settle these
complaints, please let me know and I will discuss it with the
complainants.
If you want to discuss this, feel free to call.
Bill Grant
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