3128-99-ES Extender Minerals of Canada Ltd., Applicant v. Yvon Carriere, Nicole Charbonneau, Employment Standards Officer and Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; February 8, 2000
This is an application under section 68 of the Employment Standards Act, R.S.O. 1990, c. E. 14, as amended (the "Act") for review of Order to Pay No. 51177 dated December 12, 1999 issued by Employment Standards Officer Nicole Charbonneau. The Officer’s Narrative Report in support of the Order to Pay makes reference to a “personal journal for the entire period of employment outlining what work/activities was [sic] performed on a daily basis. With his claim, he [the claimant] provided the journals for years 1998 and 1999.”
Counsel for the applicant indicates in the application for review that the claimant had relied on “company log books improperly removed by the Claimant following the termination of his employment. These log books contain daily work activities and are the Employer’s means of verification.” Counsel seeks an order from the Board requiring the production of those log books.
There appears from the material filed to be some dispute over the ownership of the documents that were relied on by the claimant and reviewed by the Officer before issuing the Order to Pay. The Board cannot, in this preliminary decision, determine that question.
The Board may, however, direct a party to produce documents for inspection. Section 68 (19) of the Act does give the Board the power of an Employment Standards Officer under the Act. Section 63 (1) (b) of the Act authorizes an Officer to require the production of documents that may be relevant. Thus, the Board has the power to direct production of documents for inspection prior to the hearing of the application.
This matter has not yet been scheduled for hearing. A Labour Relations Officer will be authorized to meet with the parties to attempt to effect a settlement of this application. It is, in the Board’s view, premature to issue an order requiring production at this time. The claimant, the Ministry of Labour and the Employment Standards Officer may wish to consider whether to produce the documents sought voluntarily prior to meeting with the Labour Relations Officer. If voluntary production is not forthcoming, the applicant’s request for production of the documents can be dealt by the Labour Relations Officer. If the documents are not produced, the applicant may, if it wishes to do so and no settlement is reached, renew its request for an order of production.
This matter is referred to the Registrar.
This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board