0221-00-ES Kevin Wilson, Applicant v. Pizza Hut: Tricon Global Restaurants and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 50009189
BEFORE: Laura Trachuk, Vice-Chair.
APPEARANCES: No one appearing for the applicant; Karen Roberts, Sean Taylor, Marzena Dodolak and Jeff Hewitt for responding party employer; L. Eisenberg for the Ministry of Labour.
DECISION OF THE BOARD; November 15, 2000
1This is an application for review of a decision by an Employment Standards Officer not to issue an Order to Pay. The matter was scheduled to be heard on November 15, 2000. Prior to the commencement of the hearing the Board received a telephone message from the applicant indicating that he would not be attending as his car had broken down. The responding party requested that the application be dismissed as the applicant had not attended the hearing. The Ministry asked that the matter be adjourned to a later date. The Board adjourned the hearing to receive written submissions on the issue.
2The Board hereby directs the applicant to file written submissions explaining why he was unable to attend the hearing. If he has any documentary evidence to support his explanation he should supply that as well. The submissions should also be provided to the other parties and they may respond in writing. After reviewing the parties’ submissions the Board will decide
whether to dismiss the application or to set it down for another hearing date. If no submissions are received from the applicant the application will be dismissed.
3The applicant is directed to file his submissions on or before November 29, 2000. The responding party employer and the Ministry are directed to file their responses, if any, on or before December 13, 2000.
“Laura Trachuk”
for the Board