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.
DECISION OF THE BOARD; May 17, 2001
Decision
1This is a request for reconsideration of the Board’s decision of April 12, 2001. In that decision, the Board noted that, despite having had notice of the hearing on April 11, 2001, the applicant failed to appear at the hearing. Thus, the application for review was dismissed, and the monies paid in trust by the applicant were ordered to be distributed.
2In its request for reconsideration, the applicant contends that it did not have notice of the hearing. The file indicates that the Notice of Hearing was sent successfully by facsimile transmission at 4:01 p.m. over the following telephone line: (905) 731-4356. That corresponds to the facsimile number given by the applicant in its application. The applicant contends that the facsimile number as contained in this file (and as set out in the application) is “wrong”. As a consequence, the applicant says it did not know of the hearing, and asks that a new hearing date be established.
3There is no explanation given as to why the facsimile number provided by the applicant and relied upon by the Board to transmit the Notice of Hearing was “wrong”. The same facsimile number was used by the Board on January 23, 2001 to send the applicant a January 18, 2001 Board decision granting an adjournment of the hearing originally scheduled for January 25, 2001 in this matter. Moreover, the application for review completed and signed by the applicant warns of the consequences of the failure of a party to update the Board concerning changes in address.
4In light of the lack of any compelling reasons advanced by the applicant, I decline to reconsider the Board’s decision of April 12, 2001.
“Patrick Kelly ”
for the Board