Ontario Labour Relations Board
Murray Gainer, Applicant v. Deutsche Morgan Grenfell Canada Limited, Jacqueline McPherson (Employment Standards Officer) and Ministry of Labour, Responding Parties.
BEFORE: Harry Freedman, Vice-Chair.
APPEARANCES: No one appearing for the applicant; Kristin Taylor and Adrian Jenko for Deutsche Morgan Grenfell Canada; Brian Blumenthal and Heidi-Lazar-Meyu for the Ministry of Labour.
DECISION OF THE BOARD; January 19, 2000
1This 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 the refusal of Employment Standards Officer Jacqueline McPherson to issue an order to pay. The application was scheduled for hearing before me for Tuesday January 18, 2000 to commence at 9:30 a.m.
2No one appeared on behalf of the applicant at the time the hearing was to commence. The Board, following its usual practice, waited until after 10 a.m. to convene the hearing. The hearing actually convened at 10:15 a.m. in the presence of counsel for the responding party and counsel for the Employment Standards Officer and the Ministry of Labour. The applicant had not arrived for the hearing by that time. I am satisfied, based on the material in the file that the applicant received notice of the date, place and time for the hearing of his application.
3Counsel for the responding party requested that the matter proceed. Counsel for the Ministry of Labour and the Employment Standards Officer made no submissions with respect to that request. As the applicant was not present, as there was nothing before the Board to explain why the applicant was not present at the hearing and as there was no evidence presented to support the application, this application for review is dismissed.
Disposition
4The application for review is dismissed.
"Harry Freedman"
for the Board