3852-00-ES Michael Braham, Applicant v. Active Interiors, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 41009483
BEFORE: Anthony Brown, Vice-Chair.
APPEARANCES: no one appearing for the applicant; no one appearing for the responding party Active Interiors; L. Eisenberg appearing for the Ministry of Labour.
DECISION OF THE BOARD; August 22, 2001
1This is an application pursuant to the Employment Standards Act for review of a refusal by an Employment Standards Officer to issue an order to pay.
2The matter was scheduled to be heard on August 8, 2001, at 9:30 a.m.
3The applicant failed to appear at the hearing by 10:00 a.m., although duly notified of the hearing by the Registrar. The applicant has the burden of proof. Accordingly, in the absence of any evidence from the applicant, the Board made an oral decision dismissing the application.
4On August 21, 2001, the Board received a letter from the applicant indicating that his calendar was misplaced during a move from one residence to another and this caused him to miss the hearing date. The applicant requests a new hearing hate. The Board does not consider this to be a valid reason for not appearing on the date scheduled for the hearing.
5The application is dismissed.
“Anthony Brown”
for the Board