McCleary Animal Hospital v. Lorraine Cole and Ministry of Labour
File No.: 0297-99-ES Before: Pamela Chapman, Vice-Chair. Decision of the Board: February 14, 2000
1This is an application for review of an Employment Standards Officer’s decision, brought by the applicant McCleary Animal Hospital (“the employer”) pursuant to section 68 of the Employment Standards Act (the “Act”).
2The responding party Lorraine Cole (“the employee”) filed a claim with the Ministry of Labour which resulted in the issuance of an Order to Pay against the applicant in the amount of $936.00 as termination pay in lieu of notice.
3At the hearing of this matter on February 1, 2000 the Board accepted into evidence certain documents relating to the appeal, and began to hear the oral evidence of the parties. The hearing was adjourned due to the personal circumstances of the representative of one of the parties, and the Board took that opportunity to issue certain directions which should expedite the continuation of the matter.
4The Board made the following oral rulings:
(a) The employer was directed to provide a detailed statement of the material facts upon which it relies in its appeal, together with a clear statement of the basis of its claim that termination pay is not payable in the circumstances of this case;
(b) The employer was directed to file this material with the Board, and to provide a copy of it to the other parties, within two weeks of the hearing date, that is, by February 15, 2000;
(c) Following receipt of this material, the Labour Relations Officer will contact the employer to arrange to meet with him to review this clarification of his position and to consider whether or not, in light of the employer’s stated position, the matter might be resolved to the mutual satisfaction of the parties;
(d) Should the Labour Relations Officer advise the Board that the matter has not been resolved, an additional hearing date will be scheduled in order to complete the evidence. The parties will be consulted as to their availability, although the Board will set a date should they be unable to agree on a date with reasonable expedition. This panel will remain seized.
“Pamela Chapman”
for the Board