Can-Pan Candy Inc. v. Nick Georgas Jr. and Ministry of Labour
3287-99-ES Can-Pan Candy Inc., Applicant v. Nick Georgas Jr. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41007984
BEFORE: Anthony Brown, Vice‑Chair.
APPEARANCES: No one appearing for the applicant; Nick Georgas Jr. on his own behalf and L. Eisenberg for the Ministry of Labour.
DECISION OF THE BOARD; July 31, 2000
1This is an application for review of an order to pay issued by an Employment Standards Officer pursuant to the Employment Standards Act.
2The matter was scheduled to be heard on July 28, 2000, at 9:30 a.m.
3The Board notes that on July 18, 2000, the applicant requested an adjournment of the hearing because “key personnel” were on holidays. The responding party, Nick Georgas Jr. did not consent to the adjournment. The Registrar advised the applicant that it would therefore be necessary for its representative to ask the panel of the Board hearing the matter to deal with the request for an adjournment.
4The applicant failed to appear at the hearing by 10:00 a.m., although duly notified of the hearing by the Registrar. The applicant has the burden of proof. Accordingly, in the absence of any evidence from the applicant, the Board has decided to dismiss the application.
Disposition
5The application is dismissed.
6The Director of Employment Standards is directed to pay the following amounts from the money held in trust in this matter as follows:
The responding party Nick Georgas Jr. $ 1,829.85
The Government of Ontario Consolidated
Revenue Fund $ 182.98
Interest on these amounts while held in trust shall be paid to the recipients, pro rata.
“Anthony Brown”
for the Board