1632-00-ES Safety-Kleen Ltd., Applicant v. Carol Sypes, Mark Shurvin, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 52006562
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; December 5, 2000
1The Board has received submissions pursuant to its decision of November 20, 2000 with respect to the applicant’s reconsideration request.
2On reviewing the submissions received from the responding parties it appears that counsel for the Ministry of Labour did not provide a copy of MOL’s submissions to counsel for the applicant. The Ministry is directed to provide a copy of its submissions to Mathews Dinsdale & Clark if it has not already done so.
3The responding party, Carol Sypes appears not to have provided copies of her submissions in response to the Board’s decision, to the other parties. Carol Sypes is directed to provide copies of her submissions to the other parties.
4Before the Board will deal with this reconsideration request the Ministry parties are directed to provide the Board with a copy of the original cheque dated August 29, 2000, with its bank markings. There appears to be some confusion as to exactly what happened at the time the cheque was deposited or the reason for its failure to clear the bank. The Board directs the Ministry’s attention to the letter dated October 17, 2000 from the Financial Administration Officer of the Employment Practices Branch stating: “The cheque has been returned by the Bank as not clearing the employer’s account”. In its submissions dated December 1, 2000, the Ministry asserts the applicant’s cheque was returned by the bank marked “Non Sufficient Funds”.
5I remain seized for the purpose of dealing with this reconsideration request.
“Inge M. Stamp”
for the Board