Ontario Labour Relations Board
3631-00-ES James C. Kelly, Applicant v. Primary Response Inc. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32007212
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; November 26, 2001
1This is an employee review of the decision by an Employment Standards Officer not to issue an Order to Pay.
2A hearing was held on August 10, 2001. The employer did not appear at that hearing, and, accordingly, after waiting the usual time, the Board proceeded in the employer’s absence. By decision dated October 31, 2001 the employee’s application for review was allowed. The Board sought submissions on the calculation of the amount owing to the applicant.
3By letter dated November 15, 2001 the employer advised the Board that it had received submissions regarding the amount owing from the Ministry of Labour but did not receive notice of the hearing. The board notes that its files suggest that a notice of hearing was mailed to the employer’s correct address.
4The Board treats the employer’s letter as a request for reconsideration and a request that the matter be re-heard. If either of the other two parties object to the matter being re-heard they are to advise the Board within 2 weeks of the date of this decision.
“Brian McLean”
for the Board