Susan Shoe Industries Ltd. v. Ontario (Minister of Labour) et al., (1991) 54 O.A.C. 144 (DC)

• Judge: Rosenberg, Hartt and Austin, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: December 05, 1991
• Jurisdiction: Ontario
• Citations: (1991), 54 O.A.C. 144 (DC)

Susan Shoe Ind. Ltd. v. Ont. (1991), 54 O.A.C. 144 (DC)

MLB headnote and full text

Susan Shoe Industries Limited (applicant) v. Anthony Ricciardi, Crown in right of Ontario (Employment Standards Branch of Ministry of Labour) and Derek Hine (respondents)

(395/90)

Indexed As: Susan Shoe Industries Ltd. v. Ontario (Minister of Labour) et al.

Ontario Court of Justice

General Division

Divisional Court

Rosenberg, Hartt and Austin, JJ.

December 5, 1991.

Summary:

An employee sued her former employer for wrongful dismissal and for severance pay pursuant to the Employment Standards Act. The court held that the employee was entitled to six months notice, but dismissed the claim for severance pay (See 28 C.C.E.L. 179; 71 O.R.(2d) 438 (H.C.). The employee applied to the Ministry of Labour, further claiming sever­ance pay. An officer, appointed under the Act, allowed the appli­cation. The employer applied to quash the officer's decision.

The Ontario Divisional Court allowed the application.

Estoppel - Topic 386

Estoppel by record (res judicata) - Res judicata as a bar to subsequent proceedings - Issues decided in prior proceedings - [See Master and Servant - Topic 8350 ].

Master and Servant - Topic 8350

Employment and Labour Standards - Powers of tribunal or officer - Excess of jurisdiction - The Ontario Divisional Court held that an employment standards officer did not have jurisdiction to order the pay­ment of severance pay in the face of a judgment of the Divisional Court appar­ently dismissing a claim for that same severance pay.

Statutes Noticed:

Employment Standards Act, R.S.O. 1980, c. 137, sect. 40 [para. 4]; sect. 40(a) [paras. 4, 6, 7].

Counsel:

N.A. Keith, for the applicant;

L. Price and A. Esson, for the respondents Ricciardi and Employment Standards Branch of Ministry of Labour (Ont.).

This application was heard on November 22, 1991, before Rosenberg, Hartt, and Austin, JJ., of the Ontario Divisional Court.

On December 5, 1991, the following deci­sions were orally released:

Austin, J. - see paragraphs 1 to 8;

Rosenberg, J. - see paragraph 9.