Ontario Labour Relations Board
0101-99-ES Jean Giberson, Applicant v. 638430 Ontario Limited and Ministry of Labour, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair.
APPEARANCES: No one appeared on behalf of the applicant; David McKerlie for 638430 Ontario Limited; L. Eisenberg for Ministry of Labour.
DECISION OF THE BOARD; February 7, 2000
1This is an application brought under the Employment Standards Act as amended by the Economic Development and Workplace Democracy Act, 1998, S.O. 1998, c.8. for a review of an Employment Standards Officer’s refusal to issue an order to pay the applicant overtime and vacation pay.
2The hearing in this matter was scheduled for February 3, 2000, commencing at 9:30 a.m.. As the applicant did not appear at that date and time, the Board stood down until 10:15 a.m. in the event the applicant was delayed due to weather conditions. The applicant did not appear at 10:15 a.m., and accordingly the Board commenced to deal with the matter.
3The responding party Ministry of Labour, supported by the other responding party 638430 Ontario Limited, moved that the applicant’s failure to appear should result in the dismissal of the application, on the basis that the applicant had abandoned her appeal. Having satisfied itself that the applicant had notice of this proceeding, the Board ordered that, given the absence of any person present to advance the applicant’s case, the application was dismissed.
DISPOSITION
4The application is dismissed.
"Patrick Kelly"
for the Board