Patricia Christie v. St. Leonard’s Society of Brant and Ministry of Labour
0473-00-ES Patricia Christie, Applicant v. St. Leonard’s Society of Brant and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 53000866
BEFORE: Patrick Kelly, Vice‑Chair.
APPEARANCES: No one appeared on behalf of the applicant; Bill Sanderson appeared on behalf of St. Leonard’s Society of Brant; Alicia Gordon-Fagan appeared on behalf of the Ministry of Labour.
DECISION OF THE BOARD; December 8, 2000
1This 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.
2The hearing in this matter was scheduled for December 7, 2000, at 9:30 a.m. Earlier that morning, an individual identifying herself as the applicant telephoned a Labour Relations Officer advising that she wished to withdraw her application. She apparently agreed to send to the Board written confirmation of her request to withdraw.
3The Board stood down until 10:00 a.m.. At 10:00 a.m., the applicant had not arrived, nor had the Board been informed of the receipt of the applicant’s written request to withdraw the application. The Board invited submissions from the two responding parties who were in attendance. Counsel for the Ministry of Labour contended that in the absence of the applicant or anyone else to advance the case on behalf of the applicant, the matter should be dismissed.
4The representative of the responding party, St. Leonard’s Society of Brant, concurred with the submissions of counsel for the Ministry of Labour.
5Having regard to the submissions of the responding parties, the Board dismissed the application.
6The application is dismissed.
“Patrick Kelly”
for the Board