John Jorritsma v. Rocky Mountain Stone Masonry Ltd., 2001 CanLII 9903

John Jorritsma v. Rocky Mountain Stone Masonry Ltd.

0182-01-ES John Jorritsma, Applicant v. Rocky Mountain Stone Masonry Ltd., Cheryl R. Armstrong, Employment Standards Officer and Ministry of Labour, Responding Parties.

Employment Practices Branch File No. 42003692

BEFORE: Harry Freedman, Vice‑Chair.

APPEARANCES: No one appearing for the applicant; no one appearing for Rocky Mountain Stone Masonry Ltd.; L. Eisenberg appearing for Cheryl R. Armstrong and the Ministry of Labour

DECISION OF THE BOARD; October 12, 2001

1. This is an application for review under section 68 of the Employment Standards Act, R.S.O. 1990, c. E. 14, as am. of the refusal by Employment Standards Officer Cheryl Armstrong to issue an order to pay. The Board issued a notice of hearing dated September 7, 2001 to the parties. It appears from the Board’s file that the notices were sent to the parties on that date and there is nothing to suggest that they did not have notice of the hearing. Indeed, Marion Alves, the spouse of the principal of Rocky Mountain Stone Masonry Ltd. (“Rocky Mountain”) advised the Board by letter dated September 12, 2001 that it would not attend the hearing. That letter was circulated to the other parties.

2. Although the hearing was scheduled to commence at 9:30 a.m. and counsel for the Employment Standards Officer and the Ministry of Labour of Labour were present, the Board waited until after 10 a.m. to see if the applicant or Rocky Mountain would appear. The hearing convened shortly after 10 a.m.

3. Counsel for the Ministry of Labour and the Employment Standards Officer requested that the application for review be dismissed as the applicant did not attend. The Board, at the hearing, acceded to that request.