Ontario Labour Relations Board
2450-99-ES Alain Bélair, Applicant v. Vily Kozar Carpenter & Cabinet Maker, and Ministry of Labour, Responding Parties.
BEFORE: Pamela A. Chapman, Vice-Chair.
DECISION OF THE BOARD; July 12, 2001
1This is a request for reconsideration of the Board’s decision dated January 10, 2001.
2The request was filed beyond the deadline established by Rule 90 of the Board’s Rules of Procedure, without permission of the Board, and no explanation for this delay is offered by the employer.
3In any event, the request fails to establish any grounds upon which the Board might reconsider its decision. The employer refers to a statement alleged to have been made by another employee at the workplace concerning an exchange between the employer and the terminated employee on his last day at the workplace, and complains that counsel for the Ministry of Labour refused to look at the statement.
4This alleged statement is referenced in the Board’s decision, as it was relied upon by the Employment Standards Officer in her decision on the employee’s complaint. However, the employee was not called to give evidence at the hearing and therefore I had no first hand evidence before me as to what he witnessed or overheard on the day in question. The employer has offered no explanation of why he could not have called such evidence at the scheduled hearing. And in any event, as my reasons in the earlier decision make clear, I was satisfied from the employer’s report of what the employee might say and the officer’s report of her interview with him that his evidence would not have been persuasive on the key issue before me, which was the alleged resignation of the applicant.
DISPOSITION
5For these reasons, the request for reconsideration is denied.
“Pamela A. Chapman”
for the Board