Tim Sargeant

The applicant appealed an Employment Standards Officer's denial of her claim for unpaid commissions.

The employer failed to appear at the hearing and had previously failed to produce records.

Based on the applicant's uncontradicted and credible testimony regarding her commission structure and past earnings, the Board found she was entitled to $1,400.00 in unpaid commissions for the period of April 1, 1997 to September 17, 1997.

The Order to Pay was amended accordingly.

The employer appealed an Order to Pay under the Employment Standards Act.

The employer's counsel sent a letter the day before the hearing requesting an adjournment, claiming they were unaware of the hearing date.

However, no one appeared on behalf of the employer at the hearing to speak to the adjournment request.

The Board noted that notice of the hearing had been sent a month prior to both the employer and its counsel.

Given the length of time the matter had been ongoing and the failure to appear, the Board denied the adjournment request, dismissed the appeal, and confirmed the Order to Pay.

The applicant filed a duty of fair representation complaint against the union, seeking compensation for a specific period following an arbitration award.

At the consultation hearing, the union undertook to remit the compensation issue back to the arbitrator, and the employer agreed not to object.

Based on these undertakings, the Board adjourned the application sine die for a period not exceeding one year.