0715-01-HS Juanita Malone, Applicant v. Nestle Canada Inc. and Ministry of Labour, Responding Parties.
0427-01-OH Juanita Malone, Applicant v. Nestle Canada Inc., Responding Party.
BEFORE: Inge M. Stamp, Vice-Chair.
DECISION OF THE BOARD; June 5, 2001
1Initially this matter was processed in Board File No. 0427-01-OH as an application under section 50 of the Occupational Health and Safety Act (the “Act”). The application had not been filed on the correct forms. The Registrar of the Board advised the applicant that it must file its application on the proper forms and pursuant to the Rules of Procedure. A package of forms was sent along with the letter from the Registrar dated May 4, 2001.
2Subsequently it became apparent that this is in fact an employee appeal pursuant to section 61 of the Act. On May 9, 2001 the applicant’s representative requested the Registrar send to him copies of Form A-65, Appeal of Inspector’s Order (Occupational Health and Safety Act) together with the information bulletin No. 21.
3The Board notes that as of today it has not received the proper forms from the applicant with respect to the appeal of an inspector’s order.
4In the event the package of documents sent in response to the May 9, 2001 request has gone astray, the Registrar is directed to send another document package for the filing of an appeal under section 61 of the Act, together with this decision, to the applicant. The applicant will have 10 working days from the date of this decision to complete the documentation and file the materials pursuant to the Rules with the Board.
DISPOSITION
5Board File No. 0427-01-OH is hereby terminated.
6The materials filed to date in Board File No. 0427-01-OH are to be transferred to Board File No. 0715-01-HS.
Board File No. 0715-01-HS
7If the applicant does not file the required documentation pursuant to the Act and the Rules within 10 working days from the date of this decision this matter will be deemed to be terminated without further notice to any of the parties.
“Inge M. Stamp”
for the Board