4130-98-ES Northern Air Systems Operated by 939646 Ontario Inc., Applicant v. Sandra I. MacLean, and Ministry of Labour, Responding Parties.
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; February 21, 2000
1. This is an employer appeal of an Order of an Employment Standards Officer.
2. By decision dated September 15, 1999, the Board (differently constituted) pursuant to section 69(23) of the Act directed the Director of Employment Standards to release monies held in trust to the responding party employee because none of the grounds raised by the employer in its appeal could possibly cause the Board to overturn the Order. However, the Board also found that the Act required that a hearing be held in any event.
3. A hearing was scheduled in Sudbury for February 10, 2000 at 9:30 a.m. A review of the file suggests that the applicant received notice of the hearing. Nevertheless, the applicant did not appear, and accordingly, the Board dismissed the applicant’s appeal. This written decision confirms that oral decision.
Disposition
4. This appeal is dismissed.
“Brian McLean”
for the Board