0524-00-ES Celestino Vargas-Garcia and Yolanda Mino, Applicants v. Nik’s Janitorial Services Inc. and Ministry of Labour, Responding Parties.
Employment Practices Branch File No. 32004735
BEFORE: M. A. Nairn, Vice-Chair.
APPEARANCES: Consuelo Rubio, Celestino Vargas and Belia Berrocal appeared on behalf of the applicants; No one appeared on behalf of Nik’s Janitorial Services Inc.; Mircho Mirchev appeared on behalf of the Ministry of Labour.
DECISION OF THE BOARD; October 16, 2000
1This is an application for review brought pursuant to section 67 of the Employment Standards Act (the “Act”). The matter was scheduled for hearing on October 13, 2000. By decision dated October 12, 2000 the Board had denied a request by the responding employer to adjourn the hearing. On the day of the hearing no one appeared on behalf of Nik’s Janitorial Services Inc. I waited until 10:00 a.m. and convened the hearing.
2At that time it became apparent that one of the claimants was also not in attendance. The claimants’ representative was present, as was an interpreter, and Mr. Vargas-Garcia. The claimants’ representative had spoken to the claimant and expected her attendance and was unable to locate her during a short break. I learned as well that the Board had misdirected the decision dated October 12, 2000 to the wrong fax number of the claimants’ representative and that the claimants’ representative had not received it. The claimants requested an adjournment. The Ministry did not oppose the request.
3Having regard to the fact that the request was not opposed and to the fact of the Board’s error, I granted the adjournment.
4This application for review is hereby adjourned to Monday, November 6, 2000. The matter will be heard in the “Board Room” of the Ontario Labour Relations Board, 2nd floor, 505 University Avenue, Toronto, Ontario commencing at 9:30 a.m.
“M. A. Nairn”
for the Board