4122-98-ES The Kiely House Inc., Applicant v. KristinTupper and Ministry of Labour, Responding Parties.

BEFORE: Christopher J. Albertyn, Vice-Chair.

APPEARANCES: No one appearing for the applicant; no one appearing for the employee; Frank Camilleri for the Ministry of Labour.

DECISION OF THE BOARD; January 13, 2000

1This is an employer application filed pursuant to the provisions of section 67 of the Employment Standards Act (“the Act”) for review of Order to Pay No. 53483 issued on January 28, 1999 by an Employment Standards Officer.

2The matter was scheduled to be heard at 9:30 a.m. on Thursday, January 13, 2000. Notice of the hearing at that time was properly given to the applicant well in advance of the hearing. There was no appearance on behalf of the applicant 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 for the applicant when the matter was to be heard. The hearing then proceeded in the absence of the applicant. The Ministry of Labour representative requested that the application be dismissed on account of the applicant’s failure to advance its claim. Having considered the matter, there is no evidence to support the application, and it is hereby dismissed.

Disposition

3The application is dismissed. Money held in trust in respect of amounts due to the responding employee are to be paid to her with accrued interest. The administration fee is to be retained by the Ministry for eventual payment into the Ontario Consolidated Revenue Fund.

“Christopher J. Albertyn”

for the Board