0420-99-ES Frederick W. Ungshang, Applicant v. King Toyota and Ministry of Labour, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice-Chair.
APPEARANCES: No one appearing for the applicant; no one appearing for the responding employer; Heidi Ann Lazar-Meyn and Laurie Eisenberg for the Ministry of Labour.
DECISION OF THE BOARD; January 25, 2000
1This is an employee application filed pursuant to the provisions of section 67 of the Employment Standards Act (“the Act”) for review of a refusal by an Employment Standards Officer to issue an Order to Pay in the applicant’s favour.
2The matter was scheduled to be heard at 9:30 a.m. on January 21, 2000. Notice of the hearing at that time was properly given to the applicant and to the responding employer well in advance of the hearing. There was no appearance by the applicant or by the responding employer at the appointed time for the hearing. The matter was delayed for a period of half an hour in case of a late arrival. Notwithstanding the delay, there was still no appearance by the applicant or the employer when the matter was to be heard. The hearing then proceeded in their absence. Counsel for the Ministry requested that the application be dismissed on account of the applicant’s failure to advance his claim. Having considered the matter, there is no evidence to support the application, and it is hereby dismissed.
Disposition
3The application is dismissed.
“Christopher J. Albertyn”
for the Board