Nicole Brown

The Implementing Administrator of a wound-up pension plan brought a motion seeking party status and clarification regarding the implementation of a Claims Bar Procedure established in a prior consent order.

The Financial Services Tribunal granted the Implementing Administrator limited party status to address implementation issues.

The Tribunal also provided guidance, confirming that the Administrator's proposed practical steps for distributing Member Profile Statements and processing claims, despite incomplete data and the unavailability of the Revised Windup Report, complied with the intent of the original order.

The applicant union breached a settlement agreement by paying a $1,000 photocopying fee late.

The responding employers sought to have the applications dismissed as a consequence of the breach, and requested that the Board consider representations made during the mediation process.

The Board panel, having mediated the settlement, decided to recuse itself from determining the consequences of the breach, as it would be inappropriate for the panel to hear evidence regarding confidential mediation communications.

The matter was referred to the Registrar to assign a different panel to hear the employers' request for dismissal.

The responding party, Lardale Construction Inc., requested reconsideration of the Board's previous decision to recuse itself from hearing the matter.

The Board accepted that the parties were not given an adequate opportunity to make submissions on the recusal issue.

Consequently, the Board rescinded its recusal decision and directed the parties to file submissions on whether the panel should recuse itself and refer the matters to a different panel.

The applicant union brought an application under sections 69 and 1(4) of the Labour Relations Act, 1995.

During the proceedings, the panel assisted the parties in reaching Minutes of Settlement regarding the production and copying of documents, which required the applicant to pay $1,000 to each responding party by a specified date.

The applicant defaulted on the payment deadline, prompting the responding parties to seek dismissal of the application.

Because the panel members had been involved in mediating the settlement, they expressed concern about the impact of the dispute on the mediation process and decided to recuse themselves.

The matter was adjourned and referred to the Registrar for assignment to a new panel to determine the consequences of the breach.