3404-99-ES Derrick Woodman, Applicant v. G.R.M. Contracting Ltd., Betty Ross and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40010158
BEFORE: Patrick Kelly, Vice‑Chair.
APPEARANCES: Rebecca Kingdon and Jacquie Chic appearing on behalf of the applicant; No one appearing on behalf of the responding party; L. Eisenberg appearing on behalf of the Ministry of Labour.
DECISION OF THE BOARD; September 25, 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.
2At the commencement of the hearing in this matter on September 21, 2000, counsel for the Ministry of Labour (“the Ministry”) requested an adjournment of the hearing. Counsel explained that, while the position of the Minsitry is that the applicant is an independent contractor, and not entitled to the protection of the Act, the evidence in this matter may show that an individual by the name of Betty Ross was the employer of the applicant at all relevant times. If Ms. Ross was the applicant’s employer, she may be liable to him for the relief he is seeking pursuant to the Act. She has no notice of this matter.
3Counsel for the applicant did not oppose the adjournment request. No one appeared on behalf of the responding party G.R.M. Contracting Ltd.
4The Board granted the adjournment request.
DISPOSITION
5The Board makes the following orders and directions:
(i) The hearing is adjourned;
(ii) Betty Ross is hereby added as a responding party;
(iii) The Ministry of Labour is directed to effect, and confirm with the Board and the other parties, delivery of the application and materials filed in connection therewith to Betty Ross, together with a copy of this decision;
(iv) This matter is to be re-listed for hearing on a date determined by the Registrar.
“Patrick Kelly”
for the Board