3789-99-OH Carlo Alessio, Applicant v. Teknion Furniture Systems Ltd., Responding Party.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members J. A. Ronson and
R. R. Montague.
DECISION OF THE BOARD; April 4, 2000
This is an application under section 50 of the Occupational Health and Safety Act (the “Act”). The application was filed with the Board on March 21. The application indicated that notice had been provided to the responding party via regular mail on March 20 pursuant to the Board’s rules. On March 23 the Board received correspondence from the applicant indicating that the application had been sent to the wrong address for the employer and that an application had now been sent to the right address. The responding party now asks that the application not be processed as the applicant had not strictly complied with the rules which require it to serve a copy of the application on the responding party prior to filing it with the Board.
In the circumstances of this case the Board considers it appropriate to exercise its discretion to relieve against the strict application of the rules. The application will proceed and the responding party must file its response within 10 days of receipt of the application.
“Laura Trachuk”
for the Board