Ontario Labour Relations Board
0153-00-ES Kevin Hayes, Applicant v. Hayes Printing Services and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41008335
BEFORE: Bram Herlich, Vice-Chair.
APPEARANCES: Kevin Hayes appearing on his own behalf; Joe DiSalvia and David Cerny appearing on behalf of the responding party; L. Eisenberg appearing on behalf of the Ministry of Labour.
DECISION OF THE BOARD; September 21, 2000
1This is an application to review the decision of the Employment Standards Officer to not issue an order. The Ministry withdrew from the hearing shortly after it commenced.
2The applicant was employed by Hayes Printing Services (the "employer") since at least 1987. It appears that his father was, formerly, a principal of the company. However, the company was recently sold to new owners.
3At the time or shortly after the new owners took over, the applicant was offered and accepted a position of substantially increased responsibilities. He expected, at least ultimately, that his compensation package would improve to reflect those increase responsibilities.
4However, after the initial 3 month review period, the parties were unable to agree on a mutually acceptable compensation package.
5By letter dated June 10, 1999 the applicant tendered a written letter of resignation which was subsequently accepted, in writing, by his employer. Despite that, the applicant and the employer continued to have some commercial dealings for a period of time, dealings which they both agree were not part of the employment relationship.
6When those dealings ceased, the applicant made a claim with the Ministry of Labour. And although he now disputes the effectiveness of his resignation, it appears that he took no formal steps consistent with that denial until he filed his claim for termination pay in late August, 1999.
7The applicant admits and acknowledges that he wrote and delivered a letter of resignation but claims he did not really intend to resign.
8After hearing his evidence, I am persuded that he did, in fact, resign. He acknowledges that he may have made some mistakes in the manner in which he conducted himself . But I am satisfied that he tendered his resignation in the hopes that it would supr the employer into coming to terms he would have found more acceptable. Had he known his resignation would have been accepted, he might not have tendered it. But Mr. Hayes chose to roll the dice and to adopt a negotiating strategy which he now clearly regrets.
9Whether or not he made mistake in tendering his resignation, whether it was a wise or prudent step to take in the circumstances is not the question before me.
10I am satisfied that Mr. Hayes resigned his employment. He is therefore not entitled to termination pay.
11The application is dismissed.
"Bram Herlich"
for the Board