Sanjay Gandhi v. La Suhaag Indian Restaurant & Bar Ltd. and Ministry of Labour
File No.: 1023-98-ES Applicant: Sanjay Gandhi Responding Parties: La Suhaag Indian Restaurant & Bar Ltd. and Ministry of Labour
Before: Christopher J. Albertyn, Adjudicator/Referee.
Decision: December 1, 2000
This is an employee appeal under section 68 of the Employment Standards Act, R.S.O. 1990, c. E.14, as amended (“the Act”) against the refusal by an Employment Standards Officer to issue an Order to Pay in the applicant's favour.
A decision was issued by me on March 13, 2000, determining the appeal. I directed La Suhaag Indian Restaurant & Bar Ltd. (“the business”) to produce copies of all contracts between the business and customers concluded through the applicant’s agency during March and April 1997 for perusal by the applicant’s counsel. The purpose of the production order was to enable the applicant’s counsel to determine the amount due to the applicant in commissions. I remained seized to deal with unresolved issues arising from the decision.
The applicant’s counsel claims that, despite persistent requests to the business, the relevant documents have not been produced. The applicant seeks a suitable remedy.
I direct that the matter be re-listed for hearing. At that hearing the business and Mr. Gauci, its proprietor, should provide an explanation as to why the documents have not been produced. Should there not be an acceptable explanation, the business and Mr. Gauci should be prepared to deal with a motion to state a case to the Superior Court for a finding of contempt, as contemplated under subsection 13(1) of the Statutory Powers Procedure Act.
The matter is referred to the Registrar.
“Christopher J. Albertyn”
Adjudicator/Referee