Ontario Labour Relations Board
3401-99-ES Deborah Frances Boswell, A director of West Machinery Co. Limited, Applicant v. Winnifred Woods et al and Ministry of Labour, Responding Parties.
Employment Practices Branch File No.: 53 000307
BEFORE: Gail Misra, Vice-Chair.
DECISION OF THE BOARD; July 14, 2000
Decision
1This is a director’s appeal of an Order made by an Employment Standards Officer. The appeal is made pursuant to the provisions of the Employment Standards Act (the “Act”).
2The applicant has requested an adjournment of the hearing scheduled to proceed on July 21, 2000. The Ministry of Labour has consented to the adjournment. However it appears that the applicant has failed to get the consent of the many employee responding parties, as is required by the Board when adjournment requests are made.
3The applicant claims to be out of the province on vacation on the hearing day, and counsel for the applicant claims to have a previously scheduled court date. It is for these reasons that an adjournment is being requested. In the normal course the Board would require that, in the absence of consent from all parties involved, everyone appear on the date set for hearing and the applicant make its adjournment request before the panel hearing the matter. In the alternative, the applicant may request that a telephone conference be convened prior to the hearing date. In this case, given the number of employees involved, it would be too difficult to hold a telephone conference.
4Having considered the circumstances the Board is of the view that it should grant the adjournment request in advance of the hearing in order to save
the many employee responding parties from having to take a day off work with their present employers, and to make the journey to Toronto, only to have the adjournment granted. The hearing scheduled for July 21, 2000 is therefore hereby cancelled.
5The Board is very concerned that this applicant may be attempting to stall these proceedings as she has, in addition to this adjournment, also cancelled the Board Officer meeting set for June 30, 2000. In the circumstances, the Board advises the applicant that no more adjournments will be granted except in the most exceptional of circumstances.
6The hearing of this matter will be held on August 15, 2000, at the Board’s offices, 2nd Floor, 505 University Avenue, Toronto, Ontario, commencing at 9:30 a.m.
“Gail Misra”
for the Board