Zengjia Wang v. Sa Sha Wear Inc. and Ministry of Labour

3234-00-ES Zengjia Wang, Applicant v. Sa Sha Wear Inc. and Ministry of Labour, Responding Parties.

Employment Practices Branch File No.: 33 002048

BEFORE: Timothy W. Sargeant, Vice-Chair.

APPEARANCES: Zhou Hong, Xia appeared on behalf of the employer; no one appearing on behalf of the applicant or the Ministry of Labour.

DECISION OF THE BOARD; September 13, 2001

1This is an application for a review of a decision of an Employment Standards Officer pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c.E.-14, as amended (the “Act”).

2A hearing was held on September 12, 2001. No one appeared on behalf of the applicant. The hearing was scheduled to commence at 9:30 a.m. There was no indication in the file that the applicant’s Notice of Hearing had been returned or that the applicant had requested an adjournment. The hearing did not commence until 10:00 a.m. and still at that time the applicant or a representative had not yet appeared. This in itself would be grounds to dismiss the application.

3The hearing was set by a previous order of the Board. It had been alleged by the applicant that the responding party had not complied with the settlement in this matter; specifically that the cheque to be paid to the applicant pursuant to the settlement had not been honoured by the bank. The responding party, though given an opportunity, had not responded to this allegation and thus in a decision dated July 13, 2001 pursuant to section 69.1(8) of the Act, the application for review was recommenced.

4At the hearing held on September 12, 2001 the employer satisfied the Board that indeed the settlement cheque had been cashed by the applicant.

DISPOSITION

5For all the above reasons, this appeal is dismissed and this matter is terminated.

“Timothy W. Sargeant”

for the Board