Heidi Lazar-Meyn

The applicant appealed an order made by an Occupational Health and Safety Inspector which required workers installing hangers and brackets on a casino construction project to hold a certificate of qualification as an Electrician Branch 1.

The order had resulted in the applicant's members being removed from the job and replaced by electricians.

On the fourth day of the hearing, the parties reached a resolution.

Pursuant to their memorandum of agreement, the Board rescinded the Inspector's order and noted the Ministry of Labour's policies regarding jurisdictional disputes and compulsory trades.

The applicant employer requested a review of an Order to Pay issued under section 68 of the Employment Standards Act.

The responding party employee did not appear at the hearing.

The employer testified that the employee obtained a second job and refused to work her scheduled shifts at the applicant's restaurant due to a conflict.

When the employer did not schedule her for other shifts, the employee stated she quit.

The Board accepted the uncontradicted evidence that the employee quit her employment and was therefore not entitled to termination pay.

The Order to Pay was rescinded.