Paul Bolt v. Maksteele and Ministry of Labour
3210-00-ES Paul Bolt, Applicant v. Maksteele and Ministry of Labour, Responding Parties.
BEFORE: Christopher J. Albertyn, Vice-Chair.
Employment Practices Branch File No.: 40 011761
DECISION OF THE BOARD; October 3, 2001
This is an employee appeal under section 68 of the Employment Standards Act, R.S.O. 1990, c. E.14, as amended ('the Act') against the refusal by an Employment Standards Officer to issue an Order to Pay in the applicant's favour.
The responding employer contends it is subject to an Order of the Superior Court of Justice of Ontario pursuant to the Companies’ Creditors Arrangement Act. Pursuant to the Court’s Order all proceedings against the employer are stayed pending the outcome of those proceedings. In the circumstances, the employer asks the Board not to consider the application until the stay is lifted.
If the stay is in effect, the application should be adjourned until the stay is lifted.
The employer has submitted documents which establish the stay was operative until June 1, 2001. There is nothing, besides a statement from the employer to this effect, to establish the stay has been extended beyond that date and is still operative. The employer should provide that information to the Board by Friday, October 12, 2001. The matter will proceed as previously arranged until that information is provided.
“Christopher J. Albertyn”
for the Board