Back Fitness Club v. Deepa Chakraborty and Ministry of Labour
1196-00-ES Back Fitness Club, Applicant v. Deepa Chakraborty and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40011283
BEFORE: Patrick Kelly, Vice-Chair.
APPEARANCES: No one appeared on behalf of the applicant; Deepa Chakraborty appeared on her own behalf; L. Eisenberg appeared on behalf of the Ministry of Labour.
DECISION OF THE BOARD; April 12, 2001
1This is an employer appeal filed pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c. E.14, as amended ("the Act") against Order to Pay No. 54156 issued by an Employment Standards Officer on June 2, 2000.
2The hearing in this matter was scheduled for April 11, 2001, commencing at 9:30 a.m.. As the applicant did not appear at that date and time, the Board stood down until 10:00 a.m. in the event the applicant was delayed. The applicant did not appear at 10:00 a.m., and accordingly the Board commenced to deal with the matter.
3The responding party Ministry of Labour moved that the applicant's failure to appear should result in the dismissal of the application, on the basis that the applicant had abandoned its appeal. Having satisfied itself that the applicant had notice of this proceeding, the Board ordered that, given the absence of any person present to advance the applicant's case, the application was dismissed.
DISPOSITION
4I hereby order that:
(i) that the wages paid to the "Director in trust" in relation to this matter be disbursed as follows:
to be paid to the Employee $635.00
(ii) that the administration fee as set
out in the Order to Pay be retained
by the Government of Ontario
Consolidated Revenue Fund $100.00
total amount held by the Director $735.00
5The application is dismissed.
"Patrick Kelly"
for the Board