Gerry Larocque v. 535370 Ontario Ltd. o/a Mary Rose and Ministry of Labour
File No.: 2696-99-ES Employment Practices Branch File No.: 32005818
Before: Anthony Brown, Vice-Chair.
Decision of the Board: September 11, 2000
1This is a request for reconsideration of a decision by the Board to dismiss the applicant’s application for review under section 68 of the Employment Standards Act.
2The application for review was dismissed because the applicant failed to appear for the hearing. By way of background, the applicant had requested an adjournment of the hearing by letter dated June 12, 2000. The responding party corporation opposed the adjournment by letter dated June 26, 2000. The Board (differently constituted) denied the adjournment by decision dated July 7, 2000.
3The material submitted in support of the reconsideration consists essentially of a resubmission of the materials that were submitted with the application for review. Decisions of the Board are final. The reason for this is clear. The parties, and the labour relations community at large, must be able to rely on the finality of the Board’s decisions in the conduct of their affairs. The Board may exercise its discretion to reconsider a decision where it has made an obvious error, or where a party seeking the reconsideration asserts that there is new material evidence that may have a bearing on the outcome of the matter and which could not have been produced at the original hearing, or where it appears to the Board that there are strong labour relations policy reasons for taking another look at its decision.
4In the instant matter, the applicant has not made any submissions directed at why the Board should reconsider its decision. He was aware of the hearing date, his request for an adjournment had been denied and he did not appear or arrange for someone to appear on his behalf. The applicant has provided no grounds for the Board to consider in the exercise of its discretion to reconsider. Accordingly, the application for reconsideration is dismissed.
“Anthony Brown”
for the Board