Ontario Labour Relations Board
Parties and File Information
0112-01-ES Nebil Osman, Applicant v. A-1 World-Wide Moving and Storage Ltd. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 43003491
BEFORE: Inge M. Stamp, Vice‑Chair.
DECISION OF THE BOARD; August 28, 2001
Decision
This is an employee application filed pursuant to section 68 of the Employment Standards Act (the “Act”) requesting a review of the Employment Standards Officer Rick Ryan’s decision dated March 23, 2001.
The Officer’s letter refusing to investigate the claim, advises counsel for the the applicant as follows:
“Labour Canada has confirmed that the employer comes under Federal jurisdiction. In our telephone conversation yesterday you confirmed that you have filed a claim on behalf of your client with Labour Canada and this will confirm that I rejected your suggestion that I have jurisdiction under Ontario’s Employment Standards Act to investigate the same claim as Labour Canada.”
It appears from correspondence filed in this matter that the Ontario Human Rights Commission has similarly denied the applicant’s claim stating that it does not fall within the jurisdiction of the OHRC and that the file is being forwarded to the Canadian Human Rights Commission.
The employer A-1 World-Wide Moving and Storage Ltd. appears to be an inter-provincial trucking company and therefore under federal jurisdiction. Mr. Nebil Osman cited the following as his reasons for making this appeal:
“I feel the Ministry of Labour also has jurisdiction to review the claim notwithstanding the fact that Labour Canada is also investigating. This is a section 69 application where we disagree with Labour Ontario [sic] decision that it lacked jurisdiction to investigate the claim.”
The Board notes that counsel for the applicant has withdrawn from this file. Mr. Osman is directed to file his submissions with the Board outlining the basis on which he claims this Board has jurisdiction with respect to an employment issue involving an employer that would appear to be a federal undertaking.
If the Board does not receive any submissions from the applicant within 10 days of the date of this decision this matter will be terminated without any further communication to the parties.
“Inge M. Stamp”
for the Board