Stella Medeiros

The applicant, Zellers Incorporated, sought a review of an Order to Pay severance pay to the claimant following the closure of a Kmart store.

The applicant argued it was relieved of the obligation to pay severance because it had offered the claimant reasonable alternative employment at another store location.

The Ontario Labour Relations Board found that the alternative position offered was reasonable, as its advantages outweighed the sole disadvantage of a longer bus commute.

The Board rescinded the Order to Pay, concluding the applicant was not obliged to pay severance pay.

The employer appealed a decision of an employment standards officer.

On the scheduled hearing date, the responding employee did not appear, as the Board was advised she was in the hospital.

The Board adjourned the matter to a later date.