Ontario Labour Relations Board
Husnu Hurmuz Miho, Applicant v. Knoll North America Corp., and Ministry of Labour, Responding Parties.
BEFORE: Mary Ellen Cummings, Alternate Chair.
DECISION OF THE BOARD; March 9, 2000
1This is an employee appeal from a decision of an Officer not to issue an Order to Pay. The application provided by the employee included documents setting out that he had also brought a claim for wrongful dismissal in the Courts. Relying on section 64 of the Employment Standards Act, which says that an employee cannot maintain both an employment standards complaint and a civil action, I dismissed the employment standards appeal.
2Approximately 5 months later, the applicant’s legal representative sought reconsideration of my decision. He said that the employee’s civil action had been dismissed because he had brought an employment standards complaint. However, I was not satisfied that the documents attached to the request for reconsideration established the basis on which the civil action had been dismissed. At paragraph 7 and 8 of a decision dated February 2, 2000 I wrote:
If the applicant can convince me that the civil action was dismissed because he had brought a claim under the Employment Standards Act, I may be willing to reconsider my earlier decision, not withstanding the passage of time. However, the documents provided to this point are not adequate; I would like to see the documents which substantiate that the wrongful dismissal civil action was dismissed, and on what basis.
The applicant is directed to deliver those documents, and any other submissions he wishes to make, to the other parties, and to file them with the Board, no later than Friday, February 18, 2000. The other parties may deliver any response to each other and the applicant, and file them with the Board, no later than March 3, 2000.
3The applicant has filed no documents or submissions. Consequently, I decline to reconsider my September 16, 1999 decision dismissing this application.
"Mary Ellen Cummings"
for the Board