Cases

EMPLOYMENT STANDARDS TRIBUNAL
In the matter of an application for reconsideration pursuant to Section 116 of the
Employment Standards Act, R.S.B.C. 1996, c. 113
-by-
Neville Jewell
(the "employee")
-of a Decision issued issued by-
The Employment Standards Tribunal
(the "Tribunal")

ADJUDICATOR: Ib S. Petersen
FILE No. 98/291
DECISION DATE: July 8th, 1998

COUNSEL/APPEARANCES

Neville Jewell on his own behalf
Lawrence W Coulter for Performance Development Ltd.

OVERVIEW

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

 

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