Ontario Labour Relations Board
0202-00-ES Adrian Au Kwok Leung, Applicant v. Women’s Dress and Sportswear Advisory Committee and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32006160
BEFORE: John Morgan Lewis, Vice‑Chair.
APPEARANCES: Adrian Au Kwok Leung for the applicant; Susan Ursel and Don Chillman for the employer; Jeremy Warning for the Ministry.
DECISION OF THE BOARD; October 27, 2000
1This is an application under section 68 of the Employment Standards Act, R.S.O. 1990, c.E-14, as amended (the “Act”).
2A hearing in this matter was conducted on October 24, 2000. During the course of the hearing, the applicant produced a lengthy summary of alleged incidents of harassment. The summary was not disclosed to the employer prior to the hearing. Accordingly, the Board adjourned the hearing to allow the employer the opportunity to address the issues referred to in the summary.
3The applicant also produced a letter dated August 24, 1999 addressed to the Director of Employment Standards. This letter sets a number of allegations with respect to the perceived operational failings on the part of the employer. With the exception of those aspects referring to a wage statement and an annual assessment, the Board is unclear as to the relevance of the contents of the letter to these matters. The Board directs the applicant to provide the employer and the Board by no later than November 9, 2000, an explanation as to the relevance of the letter (with the exception of the aspects referring to the wage statement and the annual assessment) to these proceedings. Should the applicant fail to provide such an explanation by November 9, 2000, the Board will strike any reference to the letter (with the exception of the aspects referring to the wage statement and the annual assessment) in this proceeding.
4The Registrar is directed to list this matter for one day of hearing.
5This panel of the Board is seized with this matter.
“John Morgan Lewis”
for the Board