Canadian Shareowners Association v. Isaac Osiel and Ministry of Labour
0410-99-ES Canadian Shareowners Association, Applicant v. Isaac Osiel and Ministry of Labour, Responding Parties.
0488-99-ES Isaac Osiel, Applicant v. Canadian Shareowners Association and Ministry of Labour, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair
APPEARANCES: John R. Brookes, David Cussons and Oliver Sutherns for Canadian Shareowners Association; no one appeared on behalf of Isaac Osiel; Laurie Eisenberg for the Ministry of Labour.
DECISION OF THE BOARD; March 13, 2000
Decision
These are applications pursuant to sections 67 and 68 of the Employment Standards Act, R.S.O. 1990, c.E-14, as amended, arising out of the same Order to Pay of an Employment Standards Officer (“the officer”), directing the Canadian Shareholders Association (“CSA”) to pay Isaac Osiel (“Mr. Osiel”) vacation pay and unpaid wages. The officer found that Mr. Osiel was not entitled to termination pay because it was determined that the employee had been guilty of wilful misconduct, thus disentitling him to notice of termination. Mr. Osiel filed an appeal concerning that aspect of the officer’s determination. CSA appealed the officer’s order to pay vacation pay and unpaid wages.
The hearing in these matters was scheduled for March 1, 2000, commencing at 9:30 a.m.. As Mr. Osiel did not appear at that date and time, the Board stood down until 10:00 a.m. in the event he or his legal representative was delayed. Neither Mr. Osiel nor his legal counsel appeared at 10:00 a.m., and accordingly the Board commenced to deal with these matters.
The responding party Ministry of Labour, supported by CSA, moved that Mr. Osiel’s failure to appear should result in the dismissal of his application, on the basis that he had abandoned his appeal. Having satisfied itself that Mr. Osiel had notice of this proceeding, the Board ordered that, given his absence and the absence of any person present to advance his case, Mr. Osiel’s application was dismissed. On the basis of that dismissal, CSA withdrew its application.
DISPOSITION
The application in Board File 0488-99-ES is dismissed.
The application in Board File 0410-99-ES is withdrawn with leave of the Board.
The Board orders:
(i) that the wages paid to the "Director in trust" in relation to this matter be disbursed as follows:
to be paid to Mr. Osiel $2,869.99
(ii) that the administration fee
as set out in the Order to
Pay be retained by the
Government of Ontario
Consolidated Revenue Fund $ 286.99
total amount held by the
Director $3,156.98
“Patrick Kelly”
for the Board