The Source Shop v. Kelly Kavanagh
2529-99-ES The Source Shop, Applicant v. Kelly Kavanagh, and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32005360
BEFORE: Brian McLean, Vice-Chair.
DECISION OF THE BOARD; July 19, 2000
1Kelly Kavanagh and her former employer, The Source Shop, have each filed requests for reconsideration of the Board’s decision dated June 7, 2000.
2The Board will generally not reconsider a decision unless:
a party proposes to adduce new evidence which could not previously have been obtained by reasonable diligence and the new evidence is such that, if adduced, it would be practically conclusive, or
a party wishes to make representations or objections not already considered by the Board that it had no opportunity to raise previously.
Requests for reconsideration are not to be used by a party to relitigate a case.
3Ms. Kavanagh’s request for reconsideration sets out in detail her disagreement with some of the factual conclusions reached by the Board in its decision. She also adds new factual allegations which were not made at the hearing into this matter and seeks to place before the Board letters from employees which purport to support her case. There is no suggestion that any of these allegations (except the employee letters which the Board specifically refused to admit into evidence at the hearing) were unavailable to Ms. Kavanagh at the time of the hearing. In short, Ms. Kavanagh’s request for reconsideration is simply an attempt to reargue her case or to introduce additional facts which she could have introduced at the hearing but chose not to do so. Accordingly, Ms. Kavanagh’s request for reconsideration is denied.
4The Source Shop’s request for reconsideration seeks to have the Board’s decision amended to reflect alleged errors in calculating the amounts payable to the parties, and in omitting to include vacation pay which was ordered to be paid. I agree with the Source Shop’s position.
Disposition
5I therefore revise my order to read and direct the Director to pay as follows:
To be paid to the employer $2,072.79
To be paid to the employee $1,678.02 (Ms. Kavanagh)
To be retained by the Government of Ontario Consolidated Trust Fund $ 167.80
“Brian McLean” for the Board