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This is an application by the Employee
pursuant to Section 116 of the Employment Standards Act (the "Act") against the
decision of the Employment Standards Tribunal (the "Tribunal") issued on
October 15, 1997 (#D446/98). Following a hearing on July 28, 1997 and further
written submissions on August 15 and 20, 1997, the Adjudicator found that
Performance Development Ltd. (the "Employer") did not terminate the employment
of Mr. Jewell for making a complaint under the Act. As such, the Employer did
not contravene Section 83. The Decision cancelled a Determination dated January
9, 1997 which held that Mr. Jewell was entitled to payments on account of lost
wages and vacation pay, for $6,569.96 plus interest for the period between
October 21 and November 29, 1996. The Determination also indicated that further
determinations would be issued until Mr. Jewell secured other employment. As of
the date of the appeal hearing, the Director had not, however, issued other
determinations against the employer.
ISSUES TO BE DECIDED
The issue to be decided in the
Reconsideration application are whether the application is made in a timely
fashion and, if yes, whether the Employee had grounds for
reconsideration.
FACTS
The salient facts may be summarized as
follow. Mr. Jewell was hired in October 1995 as shipper at the hourly rate of
$12.00. On October 21, 1996, the Employer terminated Mr. Jewell's employment.
At that time his hourly rate was $26.00. This occurred shortly after he had
filed a complaint with the Employment Standards Branch regarding overtime
wages. The Director's delegate found that the termination contravened Section
83 of the Act. The Employer appealed the Determination.
ORDER
Pursuant to Section 116 of the Act, I
order that the Decision (D#446/97) dated October 15, 1997 be
confirmed.
Ib Skov Petersen
Adjudicator
Employment Standards Tribunal
Comments / Questions?
Mr. Lawrence W. Coulter
Employment Lawyer
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#5 - 21183 88th Avenue
Langley, BC V1M 2G5
Canada
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e-Mail: LCoul59467@aol.com
Phone: (604) 882-5015 |
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