Mohamed Akhlagui v. Aldo Group Inc. and Ministry of Labour
3451-99-ES Mohamed Akhlagui, Applicant v. Aldo Group Inc. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 30013413
BEFORE: John Morgan Lewis, Vice-Chair.
APPEARANCES: David (Mohamed) Akhlaghi for himself; John Brookes, Vince Bauco, Densley Butcher and Ildeko Mehes for the responding employer; Alicia Gordon-Fagan for the Ministry.
DECISION OF THE BOARD; August 15, 2000
1This is an application by an employee seeking to appeal the decision of an Employment Standards Officer not to issue an Order to Pay in respect of his claim for termination pay.
2The applicant commenced employment with Aldo Group Inc. (“Aldo”) on or about April 4, 1982. The applicant’s employment with Aldo ceased on January 30, 1999, pursuant to a letter of resignation he submitted on December 19, 1998. The applicant seeks termination pay on the basis that he was constructively dismissed by Aldo.
3The Board heard the testimony of the applicant. The Board did not call upon Aldo to present any evidence. After hearing from the applicant the Board made the following oral ruling:
Upon hearing the testimony of the applicant, the Board finds that he has not lead any evidence to establish that he was constructively dismissed by Aldo. The Board finds that the applicant resigned from his position with Aldo effective January 30, 1999. The Board also finds that the resignation was submitted voluntarily by the applicant and that Aldo did not exert any pressure on the applicant to resign from his position with the company. Accordingly, the applicant is not entitled to termination pay.
This application is dismissed.
DISPOSITION
4Having regard to the Board’s oral ruling, Board File No. 3451-99-ES is dismissed.
“John Morgan Lewis”
for the Board