Ontario Labour Relations Board
File No.: 3579-00-ES Employment Practices Branch File No.: 21104244
Lori Hiles, Applicant v. 1024385 Ontario Inc. o/a 3 Guys & a Stove and Ministry of Labour, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair.
APPEARANCES: No one appeared on behalf of the applicant; Jeff Suddaby appeared on behalf of the responding party; Karima Chatur appeared on behalf of the Ministry of Labour.
DECISION OF THE BOARD; November 22, 2001
Decision
1This is an employee appeal filed pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c. E.14, as amended ("the Act") in respect of a refusal of an Employment Standards Officer to issue an Order to Pay.
2The hearing in this matter was scheduled for November 21, 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. The workplace responding party joined in the Ministry's motion to dismiss. 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
4The application is dismissed.
"Patrick Kelly"
for the Board