Michael Beckford v. Burger King Restaurants of Canada Inc. et al.
File No.: 2004-99-ES Date: February 25, 2000 Before: Harry Freedman, Vice-Chair
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 decision Employment Standards Officer Rick Ryan dated August 30, 1999 refusing to issue an order to pay. The Board has scheduled March 22, 2000 as the date for the hearing of this application.
2The applicant has retained an agent to represent him in this proceeding. The applicant’s agent, by letter to the Board dated February 16, 2000, requests production of a “seven tabbed and indexed binder submitted by the Responding Party.” That document is referred to in the narrative report prepared by Employment Standards Officer Ryan. That narrative report stated: “A seven tabbed/indexed binder was submitted by the employer to the Ministry and to the claimant, and forms part of the Ministry’s file.” The applicant’s agent states in his letter that the applicant had never received that binder. The Ministry has not filed that binder of documents with the Board.
3It appears to the Board that the binder relied on by the Employment Standards Officer likely contains documents that are relevant to the proceeding. The Board may direct a party to produce documents for inspection. Section 68 (19) of the Act gives 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.
Disposition
4The Ministry of Labour and the Employment Standards Officer are directed to produce for inspection by the applicant and his agent the binder to which the Officer referred in his narrative report and which the Officer states forms part of the Ministry’s file. That production must be made not later than March 11, 2000.
5This panel of the Board is not seized with this matter.
“Harry Freedman”
for the Board