1396-99-ES Mister Coffee & Services Inc., Applicant v. Matthew Middleton and, Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 61004451
BEFORE: D. L. Gee, Vice-Chair.
DECISION OF THE BOARD; October 23, 2000
The Board is in receipt of a request for reconsideration of its decision of September 7, 2000 from Matthew Middleton.
Mr. Middleton submits that the Board ought to consider documentary evidence enclosed with his request concerning the cost of equipment installed at the Kitchener Waterloo Health Centre. The cost of the equipment installed at the Centre was, as indicated in the Board’s decision of March 17, 2000, a central issue in dispute. When Mr. Middleton attended at the hearing on Friday, September 1, 2000 he knew that the Board would be hearing the parties’ evidence and submissions concerning the issue of equipment costs. There is no reason why Mr. Middleton could not have presented the evidence that he now seeks to rely upon at the September 1, 2000 hearing. Having failed to do so, Mr. Middleton cannot now, after the conclusion of the hearing and after the issuance of the Board’s decision, file such evidence.
Mr. Middleton points out that the Board, in paragraph 5 of its September 7, 2000 decision, referred to sales for the months of August, September and October when it should have considered the months of July, August and September. The change in the months does not alter the fact that equipment costs for the month of September were 4.8 times sales. As explained in paragraph 9 of the Board’s September 7, 2000, decision, once equipment costs exceed 3 times sales, it is my determination that Mr. Middleton is not entitled to any commission.
The request for reconsideration is denied.
“D. L. Gee”
for the Board