4144-98-ES Free 2B Tots Day Care, Applicant v. Voula Antonopoulos and Ministry of Labour, Responding Parties.
BEFORE: Patrick Kelly, Vice‑Chair.
APPEARANCES: No one appeared on behalf of the applicant; Voula Antonopoulos on her own behalf; B. Fukuzawa for the Ministry of Labour
DECISION OF THE BOARD; January 27, 2000
[1]. This is an application under section 68 of the Employment Standards Act, R.S.O. 1990, c.E-14, as amended, for review of Order to Pay No. 50808 issued by an Employment Standards Officer.
[2]. The hearing in this matter was scheduled for January 20, 2000, commencing at 9:30 a.m.. As the applicant did not appear at that date and time, the Board stood down until 10:00 a.m. in the event the applicant was delayed. The applicant did not appear at 10:00 a.m., and accordingly the Board commenced to deal with the matter.
[3]. The responding party Ministry of Labour, supported by the other responding party (“Ms. Antonopoulos”) moved that the applicant’s failure to appear should result in the dismissal of the application, on the basis that the applicant had not discharged its onus of proof. Having satisfied itself that the applicant had notice of this proceeding, the Board ordered that, given the absence of any person present to advance the applicant’s case, the application was dismissed.
[4]. Following the dismissal of the application, the Registrar received at 10:48 a.m. on January 20, 2000, via facsimile transmission, a letter from the applicant’s representative advising that, due to weather conditions, the applicant had decided not to attend the hearing. The applicant’s representative requested that the Board consider the submissions made by the applicant and Ms. Antonopoulos to date, contained in the file pertaining to this matter, and, on that basis, find that the applicant had “cause” to dismiss Ms. Antonopoulos. Presumably, although not stated in the letter, the applicant’s representative intended to request further that the application should be allowed, and the Order to Pay should be rescinded.
[5]. Having dismissed the application prior to the receipt of the letter, the Board declines the applicant’s request.
DISPOSITION
[6]. The Board hereby makes the following orders and directions:
(i) the application is dismissed
(ii) the wages paid to the "Director in trust" in relation to this matter shall be disbursed as follows:
to be paid to the Ms. Antonopoulos $1,497.60
(iii) the administration fee as set out in
the Order to Pay shall be retained by
the Government of Ontario
Consolidated Revenue Fund $149.76
Patrick Kelly”
for the Board