Ontario Labour Relations Board
1229-01-ES Daniel Chadee, Applicant v. Sintra Bagaloo o/a Sharpie Cable Systems, Harley Warszawski, Employment Standards Officer and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 40012588
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; September 13, 2001
1This is an application to review the refusal of an Employment Standards Officer to issue an Order to Pay pursuant to section 68 of the Employment Standards Act, R.S.O. 1990, c. E.13, as amended (the "Act").
2The applicant has written to the Board on two occasions seeking to have this matter proceed on an "anonymous basis". It would appear that the applicant wishes to have his identity remain unknown to the responding party employer and for the adjudication of this matter to take place in such a manner so that representatives of the responding party employer would not be present at a hearing before the Board.
3The Board cannot process nor adjudicate this matter on an "anonymous" basis. Should this matter proceed to a hearing, the responding party employer will have the opportunity to fully participate in order to articulate its position and to meet the case presented by the applicant. Fairness dictates nothing less.
4The Board directs the applicant to advise the Registrar of the Board in writing within 10 working days of this decision whether he wishes to continue with this application for review. Should the applicant fail to advise the Board within the prescribed period of time, the Board shall deem the applicant to have consented to having this matter dismissed.
5This panel of the Board is seized.
"John Morgan Lewis"
for the Board